roving
I accept the point you are trying to establish, but if Lewis Hamilton departed from the track through a gap in the crash barrier and then proceeded onto a public road and then hit several pedestrians who were not attending the race meeting, then we might have a comparable situation.
The case to prove is whether the track officials should have reasonably foreseen that a gap in the barrier might allow such an accident to happen, or was the driver at fault in failing to factor the possibility of departing the track in this manner. Possibly there was some inherent fault in the car that caused it to depart from the planned course.
That is why there will be no simple answers to what happened at Shoreham.