SOMETHING ELSE TAYLOR SWIFT AND TRAVIS KELCE HAVE IN COMMON

So the Super Bowl is over, and fans of the Kansas City Chiefs and Taylor Swift got a chance to see both in action. Neither Swift nor Kelce are strangers to stadiums and the mayhem that can occur among excited and sometimes intoxicated fans. Injuries at stadiums and sports facilities tend to fall into two categories: 1) standard premises liability injuries such as slip and falls or trip and falls, and 2) injuries that occur when a fan at a sports event is hit by a ball or a puck. Injuries are also common in the parking facilities at stadiums, where fans and concert-goers gather to tailgate before, during and after events.  

Premises liability involves a showing of negligence on the part of the owner of the premises where the injury occurred. Take a not uncommon example of a slippery condition at a sports stadium -- a wet floor in a bathroom. Everyone who has ever been to a stadium has probably seen a soaking wet bathroom floor at least once. Wet bathroom floors can be slippery and hazardous, and fans have fallen in stadium bathrooms. But not all slippery conditions in stadium bathrooms involve negligence. The stadium owner would have to have notice of the hazardous condition—or at least be able to reasonably foresee the slippery floor—and have an opportunity to fix it.  

Notice, foreseeability and the opportunity to correct the hazardous condition are all factors in determining liability. Stadium and venue owners have a legal duty to keep their properties safe from foreseeable dangers. Entertainment and sporting events come with unique challenges because of the large number of spectators involved. Managers should take regular care to inspect their property for hazards that can harm the public, such as:

• Poor lighting
• Broken seats or stairs
• Leaking pipes or flooded floors
• Missing handrails or safety banisters

Another not uncommon occurrence at a baseball or hockey stadium is a fan getting hit by a ball or puck, and some of these injuries can be severe. However, fans typically are said to assume the risk of these kinds of injuries, and event tickets often include disclaimers and/or waivers of liability. While every state's law is different, these disclaimers are valid, with exceptions.

The stadium owner still has an obligation to act reasonably to minimize the risk of injury to spectators. For example, maintaining an adequate net behind home plate is one way to minimize the risk of injury.  

OTHER TYPES OF PREMISES LIABILITY

Premises liability can also include maintaining enough security that fans—excited and sometimes intoxicated—don’t cause harm to each other. Inadequate security can mean some fans become victims of assault from other fans. Fan-on-fan violence is an unfortunate reality in just about every sport, and it's a distinct possibility in any highly attended sports venue.

Premises liability issues can include things such as a railing collapse that led to a lawsuit in 2022. In this particular instance, four fans at Washington Commanders' football stadium said the railing gave way as they were leaning over it, which if they can make their case, would lead to compensation from the stadium for injuries they sustained. Security can also mean proper crowd control and emergency exit access. Stadium, arena, and concert venue owners have the responsibility to inspect their premises for foreseeable dangers. That also includes crimes on or around the property, such as the parking lot.

A negligent security lawsuit can get you the compensation you need to move forward with your life after an injury. A negligent security settlement could cover:

• Your past and future medical expenses
• Income or wages you’ve lost as a result of being unable to work
• Long-term supportive treatment or live-in care, if necessary
• Pain, suffering, and emotional distress resulting from the incident
• Disability or loss of enjoyment of life
• The cost of mental health treatments

If you or a loved one has been injured at a sporting event or concert, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.