Liability and Concerns of Racetracks

I write this while watching the Indianapolis 500 and as a primer of an article featured on this website (Racetrack Considerations). The liability of owning a piece of property is abound - but it is especially high when the property is used to host the inherently dangerous activity of racing.

Liability comes, generally, from two fronts: People and government.

People is easy to discuss and straightforward. If someone is hurt on your property, and it’s directly or indirectly your fault, liability may land in your lap. This can be due to issues with the racetrack itself (ignoring a known defect) or not addressing issues affecting patrons (such as lack of security in a section of a parking lot known to host vagrants). If you, as the owner, can be looked at as someone who could have or should have done something to prevent the danger - you may be liable.

Government can also be a nemesis for a racetrack owner. Hinderances from local zoning to state environmental protection can amount to exorbitant costs for an owner. Proper planning with said agencies before and during construction is critical to ensure and maintain all requirements to operate safely and effective. Importantly, local and state sentiment routinely change over time and a new zoning board may have crosshairs for a racetrack which an old board previously had a favorable relationship with.

Obtaining effective counsel before and during operations can save a racetrack owner significant headache and money. Legal counsel can help an owner navigate the complex county and state regulations as well as conduct an audit to ensure post-construction compliance.