Have You Been Hurt at a Sporting Event?
It’s not uncommon during a sporting event to see a spectator get injured when a broken bat or foul ball goes flying into the stands. There are generally two main types of injuries at sporting events: slip and falls and struck by object injuries. When a spectator is injured, who is responsible? Can the sporting facility owner/operator be sued? Read on to find out.
Sporting Event Venue’s Obligation to Protect Spectators
It is the obligation of a sporting event venue to provide protection in the most dangerous areas of the premises, e.g. netting before an end zone, providing screening for an area behind home plate, glass around the edge of a hockey rink, etc. If the venue fails to provide adequate protection in these specific areas, a spectator may have grounds to file a personal injury claim.
Slip and Fall Injury
To succeed in a slip and fall injury claim against a sporting facility, you must prove that the facility owners or operators were negligent. However, simply because you slipped and fell doesn’t mean that the venue is liable. You must prove that they were aware of the potential danger that led to your injury or were ignorant of the issue and didn’t take the appropriate measures to minimize the risk.
Assumption of Risk
Athletes that participate in any sports activity are subject to the assumption of risk rule. This means they consent to the potential risks that accompany the sport or activity they are engaging in.
In most cases, a similar rule also applies to spectators attending the sporting event. It is known as the “Baseball Rule” and is basically an assumption that spectators could be susceptible to certain dangers, risks, and injuries at a sporting event. Because of this, fans that get injured by flying objects will typically not be able to file a personal injury claim.
Struck by Object Injury
A spectator getting hit by a puck, ball, or some other object at a sporting event is a common occurrence. In this scenario, can the spectator file a personal injury claim? The answer to this is, it depends. Generally, assumption of risk rule applies which means that any compensation or recovery is barred. However, there are some exceptions and, in some states, spectators have been able to recover damages. Such cases are relatively rare and require the expertise of a seasoned attorney.
Contributory Negligence
Apart from the above, there is another potential hurdle that may prevent you from pursuing a personal injury case: contributory negligence law. Many states follow it. Under this law, if the spectator has played a part in the injury, e.g. risky behavior, alcohol consumption, negligence, etc., they will not be able to receive any compensation.
Hilton & Somer, LLC: Premises Liability Attorneys serving Virginia, Maryland, and Washington D.C.
No matter how careful you are, accidents can happen at a sporting event. If you or your loved one has been injured at a sporting event and wish to file a personal injury claim, it is highly recommended that you seek legal counsel as quickly as possible to make sure that your rights are protected. Our attorneys at Hilton & Somer, LLC have years of experience handling such cases. We will review your case and inform you of the steps that you should take to get the compensation you deserve. Contact us today for a free consultation (703) 560-0700.
References:
https://www.enjuris.com/blog/news/sporting-event-fan-injuries/
https://www.findlaw.com/legalblogs/personal-injury/injured-at-a-sporting-event-can-you-sue/
For more articles like, “Have You Been Hurt at a Sporting Event?” visit our blog.
