Posted on May 08, 2018 in Slip and Fall
Attending a sporting event or concert at a stadium or other type of sports facility is not without risk. Slipping and falling, tripping on a wet bathroom floor, or being struck by a ball or hockey puck are just a few types of common stadium and sports facility accidents that occur every day.
Types of Liability
When an accident occurs at a stadium or sports facility, the injured individual may be entitled to compensation under different proofs of liability. If the injury resulted from a slip and fall or trip and fall, compensation may be available under the theory of premises liability. To succeed on a case of premises liability, the injured person must prove the owner of the sports facility or stadium knew, or reasonably should have known, about a dangerous condition on the premises, yet failed to correct the situation – which resulted in injury.
Many slip or trip and falls occur as a result of wet bathroom floors. When a wet bathroom floor is the result of someone dropping a drink, and the owner would have no way to know that the condition existed, it is unlikely that the injured person would be able to succeed on a claim of premises liability. There is a stronger argument if the owner of the premises knew about the dangerous condition and failed to fix the problem. For example, an ongoing condition such as a wet floor, resulting from a leaky sink that has not been repaired. Another example would include activities that occur on an ongoing basis, such as the toilets flooding after every event, because the bathroom facilities are inadequate for the number of people using them.
Another issue is cracked or crumbling stairs. If the facility owner has not performed proper upkeep, and someone becomes injured in a slip and fall, there is likely to be a liability issue.
Another type of accident that frequently takes place at sports stadiums is when a spectator gets hit by a flying baseball, football or hockey puck. In those cases, liability becomes more complicated, due to the concept of assumption of risk. Most sporting event tickets include a disclaimer, which states that spectators assume the risk of injury from any ball, puck, or player that leaves the field of play. Most states will uphold these legal disclaimers, although some exceptions will apply.
Stadium and sports facility owners have a legal obligation to act reasonably to minimize the risk of injury to spectators. Constructing protective shields or adding netting in front of certain seating areas are examples of ways owners minimize the risk of injury.
Owners rely on stadium industry standards, which indicate how far away from the field these protective measures should be constructed. Failure to follow the industry standards, or to repair the protective shields or netting, would allow a spectator to argue that the owner did not act reasonably in those circumstances. If the owner’s negligence resulted in injuries, the owner may face liability.
Delaware Slip and Fall Lawyers at McCann & Wall, LLC Help Individuals Injured in Stadium Slip and Fall Accidents Get Compensation for Their Injuries
If you or a loved one has been injured in a slip and fall that took place at a stadium or sports facility, the experienced Delaware Slip and Fall Lawyers at McCann & Wall, LLC are here to help. Call 302-304-8047 today or complete our online contact form. From our offices in Wilmington and Philadelphia we represent accident victims in Delaware, Pennsylvania and New Jersey.