You’re enjoying a football game at Allegiant Stadium when the urge for popcorn hits. But on your walk to the nearest concessions vendor, you slip and fall on a soda spill, breaking your arm and sustaining a traumatic brain injury (TBI).
You’re at a concert for your favorite artist when some drunken fans start getting out of hand. First, they exchange words, then punches, and you get caught in the tussle. Before you know it, you’ve taken a fist to your cheekbone and been knocked to the ground.
(Israel Torres/pexels)
When big crowds gather for big events, there are bound to be accidents, and the scenarios above illustrate just a couple of the possibilities. If you get hurt at an event like a sports match or concert, you could find yourself dealing with medical bills, missed work, and even emotional trauma due to someone else’s negligence. Fortunately, there are laws to help victims. They can’t undo the injuries, but they can help you get compensation for your expenses and suffering.
Who’s Liable for What?
Those who own and/or operate event properties and venues are legally required to provide reasonable security and safety for their customers. If they do not provide this and you are injured as a result, you may be able to file a premises liability lawsuit.
An Exception: “The Baseball Rule”
There are some things you may not be able to sue for, such as injuries resulting from “reasonable risk.” This is illustrated by a legal principle known as “the baseball rule.”
Let’s say you’re going to watch your favorite baseball team play. The stadium operators should be responsible for providing protection in high-risk areas (such as the area around home plate where fastballs can hit spectators with very little warning). However, they are not responsible for providing protection for people in lower-risk areas (such as near the outfield). This is because:
- Fans in these areas generally have enough advanced warning to prepare for fly balls coming their way.
- Fans assume a “reasonable risk” that they could get hit by a fly ball when attending a baseball game.
What Types of Safety Standards Are Venue Operators Responsible For?
Adequate Security
Venues must have proper security policies and enough security personnel and equipment so that those who pose a threat to others are kept out of events. Threatening individuals could include those who are intoxicated or carrying weapons. They could also include spectators who threaten or intimidate others or start fights. There should also be enough security personnel to direct an orderly evacuation if spectators need to exit the premises due to risks.
If there is not enough security to screen, monitor, and direct the crowd or enforce security policies (or if the security personnel do not have adequate training or protocols in place), the venue operator could be responsible.
These rules may extend to the areas surrounding a stadium or concert hall, including the parking lot.
Safe Conditions
Property owners are legally obligated to keep their premises free of hazardous conditions. If they fail to meet this obligation and you are injured as a result, you may be legally entitled to compensation.
Examples of unsafe conditions include:
- Inadequate lighting
- Broken seats
- Broken stairs
- Unsafe walkways (including uneven surfaces, poor transitions between different types of flooring, or debris that people could trip on)
- Lack of handrails (or broken handrails)
- Slippery conditions
- Defective wiring that leads to fire hazards
- Blocked or poorly marked emergency exits
- Broken elevator or escalator
Property owners have a “reasonable amount of time” to fix unsafe situations. To return to our original example of the soda spill in a sports stadium, as soon as the maintenance team noticed the spill, they should have cordoned off the area with a clear warning sign and cleaned up the spill.
Are Venue Operators the Only Ones Responsible for Event Security?
As shown in the recent case involving rapper Travis Scott, different entities may share blame for event deaths. This case involved a crowd rush during Scott’s concert at the 2021 Astroworld festival in Houston, which resulted in the death of 10 people.
Some guests sued Scott himself, claiming that he knew before the concert about security concerns at the venue but performed anyway (and continued to perform after people died). Others sued Live Nation, which had promoted the Astroworld music festival that Scott’s show was a part of. They also sued Apple Inc. (which live-streamed Scott’s concert), ASM Global Parent, Inc. (which manages events at NRG Park where the concert took place), and several other entities.
The liability of this case is still being decided, but it illustrates that depending on the circumstances of your injury, liability may extend to multiple parties.
What Can Victims of Premise Liability Cases Sue For?
Personal injury claims help you get monetary compensation for the losses related to your injury. These may include:
- Medical bills, prescriptions, therapies, adaptive medical equipment, etc.
- Lost wages (from missed days to injuries) or future lost wages if the injury compromised your ability to work in the same capacity
- Childcare costs for attending medical appointments (or being unable to care for your children due to injuries)
- Pain and suffering (if the trauma from the accident caused ongoing physical, mental, or emotional pain). Though this amount is hard to quantify, there is a formula used in personal injury cases to determine fitting compensation.
Do I Need an Accident Injury Attorney? Or Can I File a Claim on My Own?
While you can file on your own, there are some distinct advantages to being represented by an experienced Las Vegas accident attorney:
They Have Niche Expertise
You may be new to premise injury cases, but an experienced attorney won’t be. They will understand all relevant laws (including some that you may not have considered).
They Can Handle the Paperwork/Deadlines for You
Filing a personal injury claim involves an avalanche of paperwork. What might take you many hours to complete can be quickly expedited by your attorney’s staff, and they can ensure you meet all filing deadlines.
They Know How to Stand Up to Big Insurance
The opposing party’s insurance may resort to all kinds of tactics to get out of paying. Your attorney will likely have seen all of these tactics and know how to counter them.
The opposing insurance company might also try to pressure you into saying something that will jeopardize your case. Your attorney can be the go-between, speaking directly to the insurance representative(s) so that you don’t have to wonder about what you should or shouldn’t say.
They Can Gather the Right Evidence for a Strong Legal Case
Legal cases aren’t won on the basis of emotion; they’re built on hard evidence. Your attorney will know what kind of evidence will strengthen your claim and work to build an indisputable case in your favor.
They Can Advise You About Whether or Not to Settle
Insurance companies turn a profit by paying out as little as possible in legal settlements, so chances are, they’re going to try to lowball you. A lump sum of money can sound very attractive, especially when you have medical bills and debt due to missed work, but is that payout enough?
When you settle, you waive your right to further legal action, so you want to make sure the settlement amount represents all the compensation that you are legally entitled to. If not, it may be worth going back to the negotiation table. An attorney can help you determine whether it’s best to accept or hold out for more.
If you have been injured at an event, check out our free case analysis tool to see if you have grounds for a legal case. And if you’re worried about paying for an attorney, we work on contingency fees. That means that we don’t get paid until you get paid.
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