There’s nothing better than cheering on your favorite baseball team on a beautiful summer day. Or maybe you enjoy attending a professional soccer match instead. Whatever your sport of preference, everything can quickly sour if you’re seriously injured at the venue.
While accidents can happen anywhere, sustaining an injury at a sporting event can be particularly frustrating. Fortunately, most states have laws protecting injured patrons due to the negligence of the stadium or event venue owner. This legal concept is known as premises liability.
In simple terms, premises liability holds property owners responsible for maintaining a safe environment for visitors. Safe conditions include keeping the premises free of hazards, providing adequate security, and ensuring proper structural integrity.
Here are some examples of how premises liability might apply to injuries at sporting events:
- Structural Issues: Imagine a faulty railing gives way as you reach for a home run ball, causing you to fall and break your arm. In this scenario, the stadium owner could be liable for your injuries if they failed to maintain the structural integrity of the railing.
- Negligent Security: Unfortunately, assaults happen at sporting events, as many news headlines show us. The venue’s security personnel should respond quickly and efficiently to any such incident. When they don’t, the venue will likely be responsible if innocent bystanders or the target of the unwarranted attack are injured.
While the general principles of premises liability apply across most states, specific laws may vary. Here’s a quick look at premises liability laws in three of the most populous states:
- California: The Golden State protects patrons injured due to the negligence of the venue owner. Recent cases have involved injuries due to faulty structures and inadequate security.
- New York: New York follows similar premises liability principles. However, the state also has specific laws regarding spectator safety at sporting events, placing additional responsibility on venue owners.
- Texas: Texas law on premises liability can be complex. In general, a property owner’s duty to maintain a safe environment depends on the legal status of the injured person (invitee, licensee, or trespasser). Consulting with an attorney familiar with Texas premises liability law is crucial.
Important Considerations
Note that certain situations may stop you from being able to file a premises liability claim, regardless of where your accident happened:
- Assumption of Risk: Certain events have inherent risks. For example, being struck by a foul ball in baseball is considered an assumed risk.
- Comparative Negligence: If you contribute to your own injury, your compensation may be reduced, based on your percentage of fault. For instance, in Texas and Georgia, if you’re found to be 51% or more at fault for their accident, you can’t recover any compensation. However, in California and Florida, you can.
What to Do After an Injury
If you’re injured at a sporting event, here are some important steps to take, regardless of location:
- Seek medical attention immediately. Your health is the top priority.
- Report the incident. Inform stadium personnel about your injury and how it occurred.
- Gather evidence. If possible, take photos of the scene of the accident and any visible injuries. Note down the names and contact information of any witnesses.
Attorney J.J. Dominguez of The Dominguez Firm stresses the importance of seeking legal help if you are injured at a sporting event. “The specifics of premises liability claims vary by state. If you’ve been injured at a sporting event, consulting with an experienced local premises liability attorney is crucial. They can review your situation, determine if you have a valid claim under your state’s laws, and help you navigate the legal process.”
Don’t let an unexpected injury turn into a long-term financial burden. Enjoy the game, but remember – if the unthinkable happens, a premises liability lawyer can help ensure you get the compensation you deserve.