Dan Wheldon Dead. Will Lawsuit Folllow?

17 Oct

Indianapolis 500 winner, Dan Wheldon, dead at 33 after his car was lifted off the ground and burst into flames. But could this whole ordeal have been avoided if there weren’t so many cars on the race track?

“There are 34 cars out there — there are way too many cars to begin with,” race car driver, AJ Allmendinger said of oval racing.  “There’s always danger in any racing. It comes with the territory. But when you make all the cars run so close together, you’re asking for it.”

In law, there is a doctrine known as the “assumption of risk”  which does not allow one to sue where they assumed the risks associated with the activity. One could argue that racecar driving is an abnormally dangerous activity and therefore, Wheldon assumed the risk of death.

But as would be expected, there are exceptions to this rule. Where the injury or death was attributable to the negligence of the employer, his or her agents or servants, the doctrine does not apply.

Were the competition organizers negligent? Quite possibly… in having so many cars drive at excessive speeds on an oval track. But they will likely argue that  Wheldon voluntarily accepted or exposed himself to a risk of damage, injury, or loss, after appreciating that the condition or situation was clearly dangerous, and nonetheless made the decision to act.

 

3 Responses to “Dan Wheldon Dead. Will Lawsuit Folllow?”

  1. Director at 3:42 pm #

    In this sport, common sense is out the window and instead is a sense of the more the risk the greater the adrenaline rush..and the possibility of a fatality

  2. Rupert at 5:14 am #

    I like this web blog very much, Its a very nice post to read and incur information. “The world breaks everyone, and afterward, many are strong at the broken places.” by Ernest Hemingway.

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