Legal Question in Criminal Law in Florida

Neglience

My boyfriend is currently being charged with Throwing a Deadly Missle. He races Figure 8 race cars. The incident with the people involved originally started at the race track. They stated they were going to get my boyfriend off or on the track. The track owners were aware of the problem we were having with these guys but would not do anything about it. Can we go back on the track for negligence? If they had intervened, the incident that happened would have been avoided. To make a long story short, there was a death involved in the incident after we left the scene. My boyfriend was not charged with the death as he was not there. The other guys were sited by FHP for stopping in the middle of the road causing a wrongful death. But currently those are the only charges against the other guys. The race track has banned my boyfriend from the track permanently but not the other guys who were also involved.


Asked on 4/21/08, 10:24 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Neglience

A negligence lawsuit must be predicated on some sort of injury, usually physical. You haven't descibed how the track caused an injury to your boyfriend. In fact, I don't understand your story at all. Was your boyfriend injured by these guys who threatened to get him? What's that got to do with the charge of Throwing a Deadly MIssile? How is it the track's fault? Should the track have somehow protected your boyfriend from these guys? How were the track workers supposed to have intervened? Do you think the track had some legal duty to intervene? Why was your boyfriend banned? Will it look to outsiders (like a jury) that he was the one at fault since he was banned? What's the track got against him and why? Why not ban everyone?

These are the types of questions you'll be asked by an attorney before he or she can take your case. Right now, there isn't any way we can answer your question.

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Answered on 4/21/08, 11:59 pm


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