There is no doubt about it…Boston is a huge sports town. The fans in this city have intensity, emotion and loyalty that runs deep for the Red Sox, Patriots, Celtics, Revolution and Bruins. Bostonians are united by sports and can all relate to each other through their passion and dedication as true fans and supporters. Over the years, Boston and New England teams have faced many successes and some failures but the devotion and persistence has remained strong.

For many, there’s nothing like the excitement of attending a live sporting event. Attendance at sporting events is huge all the way from the collegiate to professional level. From Boston to cities all over the country and around the world. The live experience- from the smell of hot dogs to the roaring crowds, draws so many fans into the stands. Ask any fan and they’ll likely tell you that injuries are an inevitable part of professional sports, but does that go for the spectators as well as players?

Although typically safe, unfortunate situations can occur. When it comes to major sporting events, it’s not just the players that are at risk for injury. Spectators may suffer serious injuries. When someone is injured, who is legally responsible? Can the owner of the stadium or facility be sued? Do fans assume the risk and lose the right to a personal injury lawsuit when they decide to attend a game? Let’s take a look at what can happen if you’ve been a victim of personal injury while attending an event at a sports facility or stadium.

Firstly, if you have been injured at a sporting event, please contact the skilled personal injury attorneys and staff at Schulze Law. We are equipped to handle the individuality of each and every personal injury case we represent and offer compassionate, clear counseling and assistance. We are there for victims and their families when they need support the most. Accidents and injuries suffered at a sporting event can be serious and complex. Spectators injured in a sports facility or stadium can potentially file a personal injury lawsuit for their injuries, but there are several important issues to take into consideration when it comes to sporting event injury lawsuits.

Assumption of Risk

Assumption of Risk is when a plaintiff assumes the risk involved in a potentially dangerous activity but engages in the activity anyway. Therefore, he or she may not be able recover damages for injuries. For this doctrine to be applicable, the plaintiff must have actual, subjective knowledge of the risk involved in the activity. The plaintiff must also voluntarily accept the risk involved in the activity. This would not apply to any unknown dangers.

In many situations, fans and spectators attending a sporting event may be found to have assumed the risk of injury simply by their presence. Assumption of risk can be used as a defense to a personal injury claim by proving that the person who was injured was aware of the risk of injury that was present in attending an activity. Even though the person knew there was a risk, they voluntarily chose to participate in that activity anyway. This is considered the Assumption of Risk and it has the potential to crush a personal injury claim.

Waiver of Liability

Although there are always exceptions, when someone buys a ticket and enters a venue, they are in many ways waiving their rights to sue for injuries that happen in manner that is relatively foreseeable. Owners and operators of sports facilities and stadiums are cognizant of the of the risk of injury to someone in the stands. As a result, they make sure tickets contain fine print warning labels, post signs around the facility and have the announcer remind the fans to be careful and aware of their safety. The owners and operators can avoid liability. They do this by warning and advising the fans that they are not at fault or responsible if a fan is injured by an occurrence that is considered a normal and foreseeable part of the game.

For example; a fly ball at a baseball game, a hockey puck going over the safety glass, a basketball player soaring into the seats. Essentially, the disclaimer warns that balls, pucks, and even players occasionally leave the field of play, and that the fan assumes the risk of injury from those types of incidences.

Negligence

Typically, when there is a rule there is usually some exceptions to that rule. In order for a personal injury claim seeking damages for injuries sustained at a sporting event to hold up in court, there needs to be negligence on behalf of the owner/operator of the sports facility or stadium. Most courts will dismiss a personal injury lawsuit seeking damages for injuries sustained at a sporting event. The exceptions are in cases where the injury was not foreseeable or the facility/team or someone else demonstrated clear negligence in connection with the incident.

In general, owners and operators have a duty to people who enter the premise to keep the facilities and stadiums reasonably safe and properly maintained.  Owners and operators can be held liable if their negligence plays a part in causing or contributing to a spectator injury. This means any hazardous or dangerous conditions must be identified and dealt with in a reasonable time frame and security measures must be in place. There must be an effort to minimize risks.

Here are some situations that would question liability at a sports facility or stadium:

For example, there is netting behind home plate at baseball games to protect fans from foul balls. If there was a hole in the netting or it wasn’t properly maintained and you sustained an injury due to the negligence of it not being properly repaired, there may be a case.

Another example is a slip and fall case sustained at a sports facility or stadium. Liability may be proven in such a case when unsafe conditions that caused the slip and fall were known to the owners or operators and the type of injury was foreseeable, and the hazard was not known to you, not open and obvious, and not caused by your misuse of the premises.

Also, if you were injured by a violent crime that was committed on the premise and the owners and operators were negligent in providing proper security, there may be a case.

When the stadium owner or operator was negligent in keeping the facility or stadium reasonably safe and properly maintained, you may be able to receive compensation for your medical bills, lost wages, and pain and suffering.

Alcohol and Dram Shop Laws

Alcohol can play a role at games and events for some people. Cold beers and celebratory drinks are often consumed. If alcohol is sold on the premises, the stadium owner or operator may be subject to some liability for injuries caused by intoxicated people. If you are injured by someone whose intoxication played a part in causing an accident, you may be able to bring a personal injury lawsuit against that person. In many states, including Massachusetts, the law also allows you to hold an alcohol vendor liable for giving alcohol to the intoxicated person who caused your injuries. These kinds of claims are known as “dram shop” claims. These types of claims may arise at a sports facility or stadium that serves booze.

How To Protect Yourself If You’ve Been Injured At A Sporting Venue

If you are injured at a sports facility or stadium, please take the proper action to protect yourself and your rights.

– Make sure you report detailed sequence of events and document all the details. Notify the proper supervisor, manager and/or law enforcement.

– Make sure a report is filed and on record. Request a copy of the document.

– Identify any witnesses.

– Get immediate medical treatment for your injuries and clearly record the incident in connection to the injuries you sustained. Take pictures of your injuries and get the proper follow up treatment, as necessary.

– Contact The Schulze Law Team to discuss your options. Especially if it is determined that a lawsuit is going to be filed, you will need the experience and expertise of a strong personal injury lawyer.

If you’ve been injured at a stadium or a sporting event, discuss your situation with the experienced team at Schulze Law. Although there can be obstacles when facing a personal injury case at a sports facility or stadium, we may be able to help you recover damages. It is our goal that you are fairly compensated for any injuries you have sustained. We understand the intricacies personal injury law, and we have the experience, expertise and resources to help our clients.

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