GOING TO A ‘DAWGS GAME? BEWARE!

Fall is a great time of year for indulging your love of sports. College and Professional football, baseball playoffs and the World Series, and multiple marathons, walks, and bicycle events occur in the fall, affording the sports enthusiast plenty of choices when considering attending an event.  

As a spectator, we don’t anticipate any injuries when attending a football or baseball game. However, injuries at these events do occur. The rowdy atmosphere—fans tailgating, drinking, and getting aggressive; people crowding into packed stadiums; and in some instances, fans rushing onto the field—can lead to injuries. If injured, do you have legal recourse?  

In most cases, the stadium that is hosting the event will include, in fine print, a disclosure of general release of liability on the ticket. This means that if a fan or bystander is injured during the course of the game or event, the stadium cannot be held liable for the injuries. In special circumstances, however, if the stadium does not provide adequate security for unexpected occurrences—like a fight that takes place in the stands—a premises liability claim may apply. If it can be shown that the stadium’s staff did not provide adequate security, like taking the proper measures of crowd control or refusing to serve overly-intoxicated fans, the establishment may find themselves the target of a lawsuit.

Also, failing to properly maintain the facility is not covered under the “assumption of risk” waiver, as it may lead to injuries from slip and fall accidents that are unrelated to the natural course of the event. 

COMMON HAZARDS THAT CAN CAUSE INJURIES

Some of the most common issues that lead to injuries in stadiums and arenas are:

• Projectiles from the sporting event
• Spilled liquids and slippery floors
• Uneven walkways
• Uneven or broken stairs
• Broken chairs or stands
• Broken railings or a lack of a necessary railing
• Snow and ice on the ground or roof
• Spectator violence
•       Auto accidents on the way to and from the stadium.

DETERMINING LIABILITY FOR INJURIES AT SPORTING EVENTS

Determining whether anyone or any entity is liable for your injury depends on the type of sporting event and the type of injury. For example, a foul ball hitting a spectator in the stands of a baseball stadium creates a very different scenario than a fan slipping and falling on debris in the stadium. In the former situation, the baseball fan might be barred from recovery due to his/her assumption of risk, a legal doctrine which holds that you cannot seek recovery for an injury caused by events which you should reasonably foresee as possible and which you accepted the risk of when deciding to attend the event. In other words, a baseball hitting you in the stands of a game is a known risk of attending a baseball game and therefore a risk which fans assume.  

The latter situation is different and liability in that scenario depends on the circumstances surrounding the accident. If the owner of the stadium knew or should have known about the debris, or the debris was due to the owner failing to provide a safe, clean environment for the fans invited onto the property (perhaps through a failure to provide enough cleaning staff) then the owner could be held liable. The relevant inquiry is:

• The owner knew or reasonably should have known of the dangerous condition
• The owner failed to repair the dangerous condition
• The dangerous condition caused your injuries.

Yet another scenario that can occur at sports events is injury due to a third party, such as a drunk fan assaulting another fan. Typically, the person committing the assault will be liable, but the owner of the premises can also be liable if it is shown that the facility lacked adequate security and this failure contributed to the injuries.  

CONTACT YOUR ATTORNEY

Because recovery for injuries sustained at sports events is heavily dependent on the facts surrounding the injury, contacting an experienced personal injury attorney is essential to achieving a successful outcome for your claim. Dave Thomas at The Thomas Law Firm is an experienced attorney who fights for his clients to receive the compensation they deserve. If you have been injured at a sports event, contact Dave Thomas for a free consultation regarding your legal rights.