Sporting/Recreational/Concert Event Incidents
Can you sue if you get hit by an errant axe at an axe throwing facility? What about rowdy or violent fans? What if are hurt by someone or a condition at a concert venue? The answers to those questions is “yes”. It is possible to hold a property owner responsible for injuries that happen at stadiums, arenas, theaters, sports facilities, and other event sites.
Some venue owners who feel pinched for money may skimp on the critical repairs or structural improvements needed to keep event attendees safe. They may also fail to hire enough staff to enforce necessary safety measures.
Property owners and venue operators have a legal duty to provide a reasonable level of safety and security for their customers. If you are injured because a stadium owner or sports facility fails to keep their patrons safe, you can sue in a premises liability lawsuit to hold them responsible for your losses. Some venue owners will require that you sign a release in an attempt to avoid responsibility. The legal issues pertaining to the assumption of the risk and signed waiver defenses can be difficult to navigate. Traut Injury Law has successfully handled many such cases over the last 35+ years.
In California, businesses, including restaurants, bars, theaters, stadiums, and other venues, have certain legal responsibilities to ensure the safety of their patrons. These obligations fall under premises liability law, which may allow you to seek damages if injured due to a hazardous condition or inadequate security. Here’s an overview:
Premises Liability for Dangerous Conditions
- In California, property owners (including businesses) have a legal duty to maintain safe conditions for people lawfully on their property. This means they must take reasonable steps to identify and repair any dangerous conditions, or at least provide warnings.
- If you suffer an injury due to a hazard—like a wet floor, uneven steps, or broken seats—you may be able to file a lawsuit if the property owner knew or should have known about the dangerous condition and failed to address it.
- Waivers: Often, sports venues or recreational facilities require patrons to sign a waiver. California courts generally uphold waivers for ordinary negligence, but not for gross negligence or willful misconduct. In other words, if the facility’s conduct was particularly reckless or ignored significant safety concerns, a waiver may not protect them from liability.
Inadequate Security and Liability for Assaults
- Under California law, businesses have an obligation to provide reasonably adequate security, especially if they are aware of potential risks, such as rowdy or violent fans or patrons. This responsibility is based on a “foreseeability” standard; if a venue is aware of prior incidents or if a particular event typically attracts crowds with a higher risk of violence, the venue may need to provide enhanced security.
If a patron is assaulted or injured due to insufficient security (for example, inadequate lighting, lack of security personnel, or lack of crowd control measures), the venue may be liable if they failed to take reasonable precautions given the circumstances.
- Liability depends on the specific facts, and a security expert may be needed to analyze whether the security measures were reasonable or inadequate.
California Laws Regarding Liability for Dangerous Conditions
- California Civil Code § 1714 establishes the general duty of care, which requires businesses to act with reasonable care to prevent harm to others. Premises liability lawsuits in California consider whether a business took reasonable actions to prevent harm, given the circumstances of the dangerous condition.
- Expert testimony can be crucial, as a safety expert might help establish the standard of care, assess the hazard, and explain what a property owner could have done to prevent the injury. Traut Injury Law has retained numerous qualified experts over the last three decades to assess liability.
Duty of Care and Liability for Rowdy Fans or Dangerous Conditions at Concerts or Sporting Events
Venues such as concert halls and stadiums may be held liable if they fail to prevent foreseeable harm, such as injuries due to inadequate crowd control, poor design, or a lack of staff to handle anticipated risks.
For injuries caused by other attendees, such as rowdy fans, courts consider whether the venue took reasonable steps to prevent altercations, like hiring adequate security or separating rival groups of fans if necessary.
Determining Liability and Experts
Whether you need an expert depends on the specifics of your case. If the issue involves specialized knowledge, like assessing crowd control measures or the design of safety features, then an expert (safety or security) may be essential in establishing liability. Traut Injury Law has hired experts with backgrounds in law enforcement and effective crowd control.
In sum, California law allows injured patrons to hold property owners responsible for dangerous conditions and, under certain circumstances, for inadequate security. However, these cases can be complex, and factors like waivers, foreseeability, and reasonable safety measures are key. The experts hired to assess liability are expensive. Consulting with a lawyer at Traut Injury Law can help you determine the strength of your case and whether expert testimony would be beneficial.
