Texas’ proportionate duty system could be weighed throughout litigation, which is normal throughout fits involving claims of wrongful dying and the injured.
SAN ANTONIO — One regulation professor anticipates lawsuits on the horizon associated to Saturday’s drag racing event in Kerrville that left two children lifeless and eight individuals injured.
“It’s a great tragedy and the injuries and the loss of life are very regrettable, and it seems very likely to me that there’s going to be litigation that will come out of this,” stated Vincent Johnson, St. Mary’s University regulation professor.
Airport Race Wars 2 was billed as an action-packed family-friendly event at the Kerrville Municipal Airport.
The event reportedly attracted at least 3,000 individuals.
The Kerrville Police Department’s investigation revealed one of many drivers lost management and slammed right into a crowd of spectators.
As a outcome, two younger children died and eight others have been despatched to the hospital with various diploma of accidents.
RELATED: 2 children lifeless, at least 8 injured after automotive ‘lost management’ at Kerrville drag race, authorities say
Ross Dunagan, proprietor of Flyin’ Diesel Performance, the group that placed on the drag racing event, launched a video on Facebook on Saturday after the crash occurred.
“There has been an accident. We are taking care of it. The race is shutdown and we ask that you please pray for everybody involved,” Dunagan stated.
KENS 5 tried to succeed in out to Dunagan on Monday however didn’t hear again.
Vincent famous proving levels of negligence could be a central a part of litigation involving survivors and households of the deceased children.
“The actions with regard to the adults will be more complex because Texas has what is called a proportionate responsibility system where you compare the conduct of the plaintiff with the conduct of the potential defendants.”
Johnson famous spectators could be handled as business invitees beneath the regulation since $20 charges have been required, in accordance with the event flyer.
“They’re entitled to a very high degree of care to protect them from harm,” Johnson stated.
Since the Kerrville Municipal Airport is a city-county entity, Johnson stated lawsuits could also be harder to execute.
Viewer-provided pictures present steel gates and water-filled obstacles alongside the race monitor, however the extent of offering a secure atmosphere for spectators is certain to be emphasised throughout the police investigation and any future authorized issues.
“If this drag racing is treated as a type of sport, that may be important to how the litigation plays out.”
Kerrville police is asking for the neighborhood to offer photos and video of the drag racing incident. KPD might be reached at 830-257-8181.