Nothing beats the thrill of attending a live sporting event, with the sound of the bat cracking in a baseball match, a cheer from fans following a touchdown or the tension of an overtime situation being a common occurrence. However, such events attract a lot of people to places where injuries can easily occur.
In case of injury during an exciting event that turns out to be a hospital visit, one question you might ask yourself is "who is liable for the injury?". At The Oakes Firm, our premises liability lawyer serving Philadelphia understands that all fans are entitled to attend games in safe premises. We have developed this guide to address premises liability and what to do when injured.
What is Premises Liability?
Premises liability is a legal principle where the owner or possessor of the premises is held liable for damages resulting from hazardous conditions that exist on their property. The owner of the stadium can either be an individual, a franchisee, or the municipal corporation itself.
To win a premises liability case, an injured person (the plaintiff) generally must prove:
- The defendant owned or controlled the property.
- The defendant owed a duty of care to the visitor.
- A dangerous condition existed on the property.
- The owner knew or should have known about the condition but failed to fix it or warn visitors.
- This negligence directly caused the visitor's injury.
Common Hazards at Sports Venues
While some injuries are "part of the game," many are the result of avoidable negligence. Common hazards include:
- Slip and Falls: Spilled sodas, beer, or rain-slicked concourses are leading causes of injury. If a spill is left uncleaned for an unreasonable amount of time, the venue may be liable.
- Structural Failures: Loose handrails, crumbling concrete stairs, or collapsing bleachers can lead to catastrophic falls.
- Inadequate Lighting: Poorly lit stairwells or parking lots increase the risk of trips and falls, as well as criminal activity.
- Crowd Control Breakdowns: Inadequate staffing or poor ingress/egress design can lead to trampling or "crush" injuries during high-traffic moments.
- Inadequate Security: If a venue fails to provide enough security for a high-tension rivalry or fails to intervene in a predictable altercation, they may be liable for third-party assaults.
The "Baseball Rule" and Assumption of Risk
One of the biggest issues in sports injury litigation is the “Baseball Rule” (also known as the primary assumption of risk doctrine).
For a long time, courts have ruled that fans “assume the risk” of dangers such as getting struck by a foul ball or a hockey puck merely by watching the game. The doctrine shielded stadium owners against liability as long as they provided a safe amount of seating in areas such as behind home plate.
However, times are changing. With stadiums becoming increasingly interactive and players hitting the ball faster than ever, many jurisdictions are reassessing the level of protection granted to venue owners. For instance, the Major League Baseball (MLB) organization has installed additional protective barriers throughout the past few seasons in response to some serious injuries suffered during games. If the venue does not meet today’s safety standards or if the injury occurred due to a risk that is not inherent to the sport, the “Baseball Rule” may not be applicable.
What to Do if You Are Injured at a Stadium
The moments following an injury are chaotic, but the actions you take can significantly impact your ability to recover compensation later.
- Seek Medical Attention Immediately: Your health is the priority. Visit the stadium’s first-aid station or call 911 if necessary. Not only does this ensure you are treated, but it also creates an official medical record of the injury tied to the time and location of the event.
- Report the Incident: Ask to speak with a supervisor or stadium manager to file an official Incident Report. Be factual but brief. Ensure you get a copy of the report or at least the incident number and the name of the person who took it.
- Document the Scene: If you are able, use your phone to take photos and videos of:
- The exact spot where you were injured.
- The hazard that caused the injury (e.g., a spill, a broken railing, a missing net).
- The surrounding area (to show lighting or lack of warning signs).
- Gather Witness Information: Stadiums are crowded. If anyone saw what happened, ask for their names and contact information. Witness testimony from a neutral third party can be the "smoking gun" in a premises liability case.
- Keep Your Ticket Stub and Evidence: Save your physical or digital ticket. It serves as proof of your presence and may contain important language regarding the venue's policies. Keep any torn clothing or damaged personal items as well.
- Avoid Social Media: It is tempting to post about your "night gone wrong," but insurance companies and defense attorneys often monitor social media. A photo of you smiling later that night, even if you were in pain, can be used to argue that your injuries weren't serious.
Why You Need an Experienced Attorney
The management of stadiums and professional sports teams usually has a large number of lawyers and insurance coverage aimed at reducing their liabilities. The stadium management will probably claim that you assumed the risk or that your own negligence contributed to the accident.
At The Oakes Firm, we understand the nuances of premises liability. We can help by:
- Subpoenaing Evidence: We can obtain stadium surveillance footage and maintenance logs that are often deleted or "lost" after an incident.
- Investigating Past Complaints: We look for patterns of negligence at the venue to prove the owner had "notice" of the danger.
- Calculating Total Damages: We don't just look at today's medical bills; we account for future physical therapy, lost wages, and the emotional toll of the injury.
Safety First, Justice Second
Going to watch a game is something that should make you have some wonderful memories, but when the carelessness of the place you attend leaves you without any health and safety, then it is your right to demand responsibility from the place.
If yourself or a family member has suffered an injury during any kind of activity inside a stadium, please don’t suffer through this on your own. Contact The Oakes Firm for a free consultation.