City of Kerrville Sued Following Drag Race Tragedy

According to a KSAT News report, the city of Kerrville and others are facing a lawsuit after a child and his aunt were killed while spectating a drag race event two years ago.

The lawsuit alleges that the defendants did not take the necessary action to keep the spectators safe. It also claims that the defendants decided where safety barriers should be placed and did not place them at the finish line, where the spectators were killed. “They were ultimately in charge of inspecting the grounds, making sure that everything that they wanted done was done the way that it was supposed to be done, the way that they agreed upon,” the attorney explained to KSAT.

What Happened

This lawsuit stems from an incident that occurred in Kerrville two years ago at a popular drag racing event, “Airport Race Wars,” organized by Flyin’ Diesel Performance and Offroad. A racer lost control of his vehicle and crashed at nearly top speed into a crowd of spectators standing past the finish line. There were no safety barriers in place where the spectators were standing. Two children and one adult died as a result, and eight others were hospitalized.

Did You Know?

There were at least 523 racing deaths between 1990 and 2014, with 22% of them occurring on drag strips.

Can You Still Sue if You Signed a Waiver in San Antonio?

You’ve probably signed a waiver accepting liability for injuries or accidental death before if you’ve ever gone skydiving, ziplining, or visited a trampoline park.

Businesses use waivers to protect themselves from being sued if they run an inherently dangerous event. But if you signed a waiver, does that mean that a business is no longer responsible if they put you in unreasonable danger? Let’s take a look.

Safety Businesses Must Follow, Even if You Signed a Waiver

Regardless of whether you signed a waiver, a business must follow basic regulations, which include:

• Ensuring a Safe Environment — Grounds must be kept free of hazards and regularly maintained.
• Thoroughly Training Employees — Employees must be properly trained to perform their duties
• Hiring Enough Employees — Businesses must have enough employees to manage their operations safely.
• Maintaining Equipment — Equipment must be in working order and regularly inspected.
• Providing Enough Instruction — Customers must be briefed on basic safety, general rules, and how to properly use the equipment.

Invalid Waivers

There are circumstances that invalidate waivers, which include:

• Duress/Pressure — If you were pressured into quickly signing without reading the waiver or told you would face consequences for failure to sign and participate
• Unclear Wording — If the waiver was overly complicated so that you could not understand it
• Misleading — If the waiver intentionally hid the level of risk to encourage greater participation

These are just some of the shady behaviors used by companies to protect themselves from careless or intentional behavior that harms their customers. Find out if you can still recover after signing a waiver by contacting a Carabin Shaw attorney today.

Injured After Signing a Waiver? Call Carabin Shaw

Waivers are not always valid and may not bar you from recovering damages after a serious injury. Call Carabin Shaw’s personal injury attorneys to find out what your legal options are after signing a waiver for free at 800-862-1260. We’ve served the injured of San Antonio for 30 years and put our clients first because we care. We look forward to serving you.

Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.

¹KSAT News report

²The Charlotte Observer