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Current Events & Hot Topics Current Events & Hot Topics

At what point is it okay to sue a venue?

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So in the wake of the tragic accident at Daytona speedway as I suspected people are coming out with lawyers claiming they are sueing the Daytona raceway. But do the have a righty on the back of all NASCAR tickets it says " The holder of this ticket expressly all risk incident to the event,whether occurring prior to,during or subsequent to the actual event and agrees that all participants,sanctioning bodies,and all employees,agents,officers,and directors to said speedway and if affiliates and subsidiaries are hereby released from any and all claims arising from the event,including claims of negligence."  

So with any venue at what point do you feel this legal statement doesn't matter to you and you would sue knowing this is on the ticket to your event?

by on Feb. 26, 2013 at 5:13 PM
Replies (11-20):
FromAtoZ
by AllieCat on Feb. 26, 2013 at 5:35 PM


Quoting tab022308:


I could totally see wanted bills paid, it has come out that the reason the car exploded like it did was because a clip that is supposed to be unbreakable Actually broke its the clip that basically holds the front end to the middle and Hendricks is helping NASCAR fund the testing to see why this happened.  

Quoting FromAtoZ:


Quoting tab022308:

negligence would assume they were not properly taking care of the safety measure of that fence I would think..now emotional distress is what the people's lawyer say are what they are going to try and claim with.. 

Quoting FromAtoZ:


Quoting sheramom4:

In my state you cannot sign away your agree to give away your right to sue, so the policy on the ticket wouldn't matter. I think if there was negligence that caused the accident then yes, they should sue.

Negligence.  I can see that.

That is going to be hard to prove.  



Yes, I would be looking at the fence first.  When I replied, my thoughts were with the vehicles involved.

I can imagine there is much emotional distress after having gone through such an accident.  Personally, I cannot say I would sue.  I would be more inclined to want all of my medical bills paid, that alone would take care of the emotional distress.



There we go.  Many are going to zero in on that and that is where these lawsuits will focus the millions people will be seeking.


TranquilMind
by Platinum Member on Feb. 26, 2013 at 5:37 PM

You cannot have standing to sue unless the Speedway has breached a duty of care to its guests.

kailu1835
by Ruby Member on Feb. 26, 2013 at 5:39 PM

It doesn't sound like anyone has a case.

pamelax3
by Gold Member on Feb. 26, 2013 at 5:42 PM

Sounds to me that the actual venue did it's part, no one can predict an accident. I can see maybe medical bills, but that would be about it

furbabymum
by on Feb. 26, 2013 at 5:48 PM

 Mental and emotional distress are incredibly hard to prove.

tscritch
by Silver Member on Feb. 26, 2013 at 5:48 PM

 Maybe medical, but I do not think there was negligence on the venues part. There is inherent risk in all you do....

turtle68
by Mahinaarangi on Feb. 26, 2013 at 5:49 PM

 IMO and I dont know if this happens in the US.  But death caused and or injuries inflicted at any venue from the said venues events is covered by public liability insurance.   Disclaimers like this are on our tickets etc also....but death and major injuries supercede it, however it will cover the company itself, so you can claim through the public liability insurance but not sue the company itself.  You dont have to sue to be compensated. 

I dont think people understand what sue means anymore.

stacymomof2
by Ruby Member on Feb. 26, 2013 at 5:50 PM

As a person who works for a venue, I have to say that people really feel the venue is resonsible for whatever may go wrong, and don't feel they are responsible for anything.

A few instances where people have tried to sue:

A woman took off her shoes at a concert and cut her foot.  She was seen by security with her shoes off, the security personnel insisted she put her shoes back on or she would have to leave.  They even gave her a pair of flip flops to wear.  They were polite and didn't want to kick her out after she paid $30 for a ticket to get in.  She ran away from them, kicked off the flip flops, and stepped on a broken piece of glass.  She sued for the cut foot.

Another: A guy grabbed a girl's butt.  Her boyfriend told the guy to keep his hands to himself.  The guy called him a "stupid n-word."  The boyfriend (who got called the name) punched him in the face.  The butt grabber is suing because the venue "didn't keep him safe."  (Nevermind there were assault charges filed and yada yada...he thinks the venue should pay him cash.)

Another: A groupie was hanging around in the backstage area.  He insisted he was part of the "crew" and the performer agreed he could be back there.  He tripped a set of stairs.  he is trying to sue saying he was "working" for the venue.

Another: Two women got in a fight and were pushing each other.  Security stepped in and without actually touching either woman they were able to break up the fight and told both women to leave.  On the way out of the venue one of the women dropped her phone on the cement floor.  She is trying to sue for her broken phone.

I could go on forever.  Just ridiculous.

tab022308
by Member on Feb. 26, 2013 at 5:53 PM


See I see this and wonder what happen to being responsible for the actions you take and the things you purchase.

Quoting stacymomof2:

As a person who works for a venue, I have to say that people really feel the venue is resonsible for whatever may go wrong, and don't feel they are responsible for anything.

A few instances where people have tried to sue:

A woman took off her shoes at a concert and cut her foot.  She was seen by security with her shoes off, the security personnel insisted she put her shoes back on or she would have to leave.  They even gave her a pair of flip flops to wear.  They were polite and didn't want to kick her out after she paid $30 for a ticket to get in.  She ran away from them, kicked off the flip flops, and stepped on a broken piece of glass.  She sued for the cut foot.

Another: A guy grabbed a girl's butt.  Her boyfriend told the guy to keep his hands to himself.  The guy called him a "stupid n-word."  The boyfriend (who got called the name) punched him in the face.  The butt grabber is suing because the venue "didn't keep him safe."  (Nevermind there were assault charges filed and yada yada...he thinks the venue should pay him cash.)

Another: A groupie was hanging around in the backstage area.  He insisted he was part of the "crew" and the performer agreed he could be back there.  He tripped a set of stairs.  he is trying to sue saying he was "working" for the venue.

Another: Two women got in a fight and were pushing each other.  Security stepped in and without actually touching either woman they were able to break up the fight and told both women to leave.  On the way out of the venue one of the women dropped her phone on the cement floor.  She is trying to sue for her broken phone.

I could go on forever.  Just ridiculous.



stacymomof2
by Ruby Member on Feb. 26, 2013 at 6:01 PM

Unless there is negligence than how can the business be responsible for the way cars fly during an accident?  I mean, unless the wall gave way or the track was uncared for, it is just an unfortunate accident.

Thank goodness no one was killed at Daytona.

Quoting tab022308:


See I see this and wonder what happen to being responsible for the actions you take and the things you purchase.

Quoting stacymomof2:

As a person who works for a venue, I have to say that people really feel the venue is resonsible for whatever may go wrong, and don't feel they are responsible for anything.

A few instances where people have tried to sue:

A woman took off her shoes at a concert and cut her foot.  She was seen by security with her shoes off, the security personnel insisted she put her shoes back on or she would have to leave.  They even gave her a pair of flip flops to wear.  They were polite and didn't want to kick her out after she paid $30 for a ticket to get in.  She ran away from them, kicked off the flip flops, and stepped on a broken piece of glass.  She sued for the cut foot.

Another: A guy grabbed a girl's butt.  Her boyfriend told the guy to keep his hands to himself.  The guy called him a "stupid n-word."  The boyfriend (who got called the name) punched him in the face.  The butt grabber is suing because the venue "didn't keep him safe."  (Nevermind there were assault charges filed and yada yada...he thinks the venue should pay him cash.)

Another: A groupie was hanging around in the backstage area.  He insisted he was part of the "crew" and the performer agreed he could be back there.  He tripped a set of stairs.  he is trying to sue saying he was "working" for the venue.

Another: Two women got in a fight and were pushing each other.  Security stepped in and without actually touching either woman they were able to break up the fight and told both women to leave.  On the way out of the venue one of the women dropped her phone on the cement floor.  She is trying to sue for her broken phone.

I could go on forever.  Just ridiculous.




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