Charlotte, NC Personal Injury Lawyer

The situation involving NASCAR’s Tony Stewart has captivated audiences across the nation. In case you have not heard, Tony Stewart struck and killed Kevin Ward Jr. during a sprint car race at Canandaigua Motorsports Park. USA Today reported that Ontario New York District Attorney Michael Tantillo announced a grand jury did not find sufficient evidence to indict Stewart on criminal charges. Tantillo stated that Ward was walking on the track toward Stewart’s car while the track was under caution when he was killed. Although the grand jury cleared Stewart of criminal charges, however, there is still a possibility that Tony Stewart may face a civil suit from Ward’s family.

Did I Consent To This?

Civil litigation can deal with an individual’s intentional or negligent actions. In some situations, a person can be strictly liable even if they were being as careful as possible. An individual, if found to be at fault for causing a plaintiff’s injuries, may have to compensate the plaintiff for their injuries. However, when generally dealing with torts, there are often defenses which the defendant may bring apply to specific situations. One such defense is the plaintiff’s consent to the activity.

Although there are many different types of defenses, consent can be used when dealing with participation in activities such as sports like NASCAR. There are generally three types of consent in dealing with torts:

Actual Consent

The first type of consent is actual consent. Actual consent means that the plaintiff expressly stated orally or in writing that he or she consented to the activity in which they were hurt. This could be shown through the use of a signing a waiver.

Apparent Consent

The second type of consent is apparent consent. Apparent consent means that the plaintiff has not given express consent, but he or she has manifested consent through their actions. Apparent consent applies the reasonable person standard, considering whether a reasonable person would believe the plaintiff consented to the actions.

Implied Consent

The final type of consent is implied consent. Implied consent is a legal fiction because there is not actually consent. Implied consent is limited to situations where the plaintiff is in danger of life or limb and the defendant acts in order to save the plaintiff.

A Bice Law Attorney Can Help

When you or a loved one get injured, there can be many immediate questions. If you believe that you may need assistance in answering those questions, contact an experienced personal injury attorney at Bice Law by calling 877-BICE-877. Our attorneys will be able to answer any question you may have regarding any legal inquiry. Even if you believe you may have consented to the activity in which you were injured, contact us today for assistance.