The Difficulties of Personal Injury at Sports Events
Excited sports fans are more dedicated to their favorite teams than ever before. This dedication frequently results in repeat trips to sporting events, and in most cases, a fun time is had by all. Unfortunately, this isn’t the case for those who experience an injury onsite. So, what legal recourse do you have if injured at a sporting event?
In most cases, a personal injury claim will be your primary legal recourse. While the actions of promoters, property owners, and other responsible parties may be criminal in some instances – you’ll find that seeking financial compensation is typically the way to go.
Unfortunately, personal injury law gets a little more complex when sporting events are involved.
That’s why it’s important to understand all your options moving forward.
Premises Liability Claims
After suffering an injury at a sporting event, many victims have filed successful premises liability claims. These legal claims typically target venue owners or operators due to unsafe conditions on the property. For instance, fans have previously been injured due to defective seating, inadequate security, and poorly maintained walkways.
This is possible because venue owners and operators have a duty of care for spectators. These individuals are expected to maintain a safe environment for fans who come to enjoy events. If they negligently fail to uphold this duty of care, they may be held legally liable for any damages. This can result in a personal injury settlement or lawsuit.
However, it’s important to keep in mind that personal injury cases can be extremely complex – especially when it comes to the legal recourse available for injuries at a sporting event. That’s because there are many other potential parties who may be responsible for injuries.
Negligence on the Part of Participants or Event Organizers
Venue owners and operators play an important role in sporting events. However, they’re far from the only parties who owe a duty of care to others at these events. For instance, the organizer of an event may act negligently and cause harm to attendees.
There have been cases where organizers’ failures in crowd control, adequate safety measures, or offering on-site emergency services have resulted in liability. It’s also possible that participants in a sporting event could be held liable for injuries.
The possibility of participants being held liable even extends to players. This includes athletes who may act recklessly or outside the scope of the game’s normal risks. Such negligence won’t result in premises liability, but it may still lead to a personal injury claim.
Product Liability Cases
In many cases, it’s possible to see negligence unfold in real-time. When this occurs, the legal recourse available for injuries suffered at sporting events is often clear. Venue owners failed to provide adequate safety infrastructure, event organizers didn’t plan for massive crowds, or players simply made bad judgment calls. However, mistakes aren’t always this clear.
This is particularly true in product liability cases. For instance, defective equipment or products (e.g., safety gear, stadium seating, malfunctioning displays) could result in serious injury to individuals attending a game, those working in the stadium, and others who happen to be present. Such negligence can cause anything from minor injuries to wrongful death cases.
Intentional Acts of Violence
It’s an unfortunate reality, but violence at sporting events is not unheard of. When fans get overly excited about their favorite teams – often with alcohol thrown into the mix – bad things can happen. There have even been instances where fans, referees, and others at the game have been assaulted by athletes. In cases of violence, a personal injury claim may be appropriate.
Anyone who intentionally causes you harm can be held liable for the harm you suffer. They could be ordered to pay damages related to financial losses and non-economic damages (e.g., pain and suffering, emotional distress). It’s also possible that the venue could be held responsible for your injuries if they failed to provide adequate security to prevent such assaults.
What About Waivers and Disclaimers?
If you’ve ever attended a sporting event, you’ve no doubt seen language that attempts to minimize the risk of the venue and others associated with the event. Whether it’s on your physical ticket or on the payment website when purchasing a ticket, there will be disclaimers and even waivers that attempt to reduce your options if you suffer some form of harm.
It’s important to understand these legal instruments and how they affect your rights. Unfortunately, they can minimize the legal recourse available after suffering sporting event injuries. However, waivers and disclaimers are not always enforceable. This is why you should consider speaking with a legal professional.
Fortunately, you’ll sometimes have options even if you waive your legal rights.
Insurance Claims
If you agreed to a waiver or acknowledged the inherent risk of the event you attended, it may be difficult to secure personal injury compensation. In some states, event attendees actually take on the primary assumption of risk by simply showing up. If litigation is unlikely to secure a positive outcome, you may be able to avoid costly losses if you have personal injury protection or health insurance. These can pay out even if negligence isn’t established in court.
Of course, it’s possible that the sporting venue will also acknowledge what happened and provide compensation through their own insurer. However, this doesn’t mean you’ll face an easy process. Receiving an insurance payout from the venue or other negligent parties still requires navigating complex legal procedures. While you may be contacted with an offer for compensation, it’s advisable to not speak with anyone without first consulting an attorney.
At Thon Beck Vanni Callahan & Powell, our legal team can help you take advantage of the legal recourse available when you’re injured at a sporting event. Contact us at 626-208-9906 today for a free case evaluation.