Personal injury can occur just about anywhere when you least expect it. A slip and fall can happen on the construction jobsite, or while you’re walking a slippery sidewalk outside your favorite coffee shop. Serious personal injuries can occur when the vehicle you’re driving is suddenly T-boned at an intersection by another negligent driver. But rarely do you consider the types of personal injuries that can occur at a stadium packed with people during a sporting event.
Says the pros at Stein Law, personal injury attorneys who have handled numerous cases involving a Hard Rock stadium injury, slip and fall accidents that result from spilled drinks, uneven flooring, and wet surfaces can easily cause to patrons to suddenly slip and fall. This can lead to fractures, sprains, and numerous other injuries. If you experience a slip and fall at any stadium, it’s imperative you document the scene and seek out the best personal injury lawyer you can find.
That said, is it really necessary to sue if you become the victim of a personal injury at a stadium sporting event? Legal experts say yes. According to a recent report by Findlaw, when it comes to major sporting events like college footballs games or NASCAR racing, it’s not only the players who are at serious risk of injury. So too are many of the spectators who, on occasion, suffer minor to serious injuries at these highly attended events.
Recently, close to 30 people were said to be injured at a NASCAR race at the Daytona International Speedway when chunks of a car involved in a cataclysmic wreck flew into the stands. Sometimes, sporting-event related personal injuries can even prove fatal. For example, not long ago a man fell to his death off an elevated walkway during a San Fransisco 49ers pro football game.
When spectators suffer serious injury at a sporting event, they retain the right to file a personal injury lawsuit to recover their financial loss and to assist with easing the physical and emotional pain caused by their injuries. That said, there are said to be several other very important issues to consider when it comes to filing lawsuits if you become the victim of a personal injury at a stadium sporting event.
Assumption of Risk
In certain circumstances, fans who are attending a stadium sporting event might be found to have assumed the risk of injury by willingly attending. Most personal injury lawyers will advise potential clients that assumption of risk acts as a defense to an injury claim by demonstrating that the person who suffered personal injury was well aware of the risk of danger present in the activity. However, he or she chose to engage in the activity regardless.
For instance, lawsuits for injuries suffered by foul balls hit into the stands during baseball games are considered in most U.S. states, subject to the “baseball rule.” The rules specifies that as long as the most vulnerable and therefore dangerous areas of the stadium are protected by safety netting, spectators can who willingly sit in unprotected areas automatically assume the risk of being hit and injured by a foul ball. But the rule does not necessarily mean the injured party is not eligible for a lawsuit against the stadium owner.
Waiver of Liability
Purchased tickets to major sporting or even concert events in stadiums might also hold a waiver that’s printed directly onto the ticket. The waivers will typically include language that states the holder agrees to waive any or all liability for injuries that occur during the event.
But legal experts attest that depending on how the waivers are worded, they might be difficult to enforce in a court of law. A waiver for liability for negligent accidents that weren’t the fault of the victim, for example, will likely be considered acceptable in court. But a waiver of liability for intentional acts such as too much alcohol consumption that resulted directly in personal injury will likely not hold up well in court.
Contributory Negligence Factors
According to Findlaw, if excessive consumption of alcohol and/or other illicit substances plus risky behavior have played a direct role in the victim’s personal injury, another potential defense to a personal injury claim might be considered “contributory negligence.” Under this statute, when a plaintiff’s own conduct is partially or mostly responsible for causing his injuries, recovery is said to be barred by the court.
But most U.S. states have now moved to a “competitive negligence” approach by which a plaintiff’s own negligence reduces but does not eliminate altogether the financial recovery for a personal injury. Yet in states that adhere to a comparative negligence approach, a plaintiff who is considered equally responsible (50 percent) for his own personal injury or injuries, no matter how severe, might not be eligible for recovery.
Regardless of these legal hurdles, when it comes to being the victim of a personal injury at a stadium sporting event, you need to seek out the counsel of the best personal injury lawyer you can find. Especially one who specializes in stadium injuries. Only then can you be confident of entering into a potentially winning lawsuit.