It’s a common misconception that many people make in assuming if you are inured at an event, you may not have any legal recourse. This assumption is due in part to something known as “Assumed Risk.” Although assumed risk can be taken into account, it doesn’t cover everything. There are many instances where the stadium or an event producer may actually be legally responsible for your injury, particularly if the injury was caused due to negligence or a lack of safety protocols.
In this article, we’ll go into the nuances of assumed risk and other times legal action may be appropriate if you were injured at a concert, sporting event, or stadium.
Assumed risk is a given liability for event producers when spectators are attending events. Think of spectators that are attending a hockey game. If you are one of those spectators sitting in the stands, watching the game as the puck is chased around the ice, there is an assumed risk that the puck could potentially fly off the ice, into the stands and hit someone, leaving them with a serious injury,
When an injury falls under the assumed risk category, as with the hockey scenario, there is more of a challenge to prove liability and receive compensation for the injured.
That said, assumed risk doesn’t cover all scenarios and the broadness of assumed risk is often overstated. There is still the possibility for legal action in select circumstances. Notable exemptions for assumed risk include:
- Lack of Security – Particularly if you can provide proof that a lack in security was one of the circumstances which may have been a contributing factor in the assault or injury. Event promoters have a requirement to provide adequate security and protection for all attendees. While some risk is unavoidable, security is assumed to be present at large events and provide assistance when needed.
- Injuries from Falling or Thrown objects – Items thrown in a crowd during a concert or sporting event are not an assumed risk. These objects can be quite dangerous and cause serious harm to anyone attending the large event. There is no reason for you to be financially responsible if harm is caused by objects tossed within the crowd at an event.
- Food Poisoning – Sports stadiums and large event venues with concessions face numerous violations each year in food preparation. Food poisoning is typically caused by negligent behavior and is almost always avoidable. If event vendors are not following safe food handling guidelines it is the responsibility of the venue to ensure the concessions are not in violation of any food safety regulations.
- Sexual and Physical Assault on the premises – If a sexual or physical assault takes place at an event, there are many questions surrounding what measures should have been in place to help deter this from happening. The most common and crucial questions might be whether there was sufficient security in place and if there was adequate lighting. If the venue acted to the best of its ability in preventing an assault, it may not be liable.
- Escalator and Elevated Walkways – Proper maintenance on escalators and elevated walkways should never be ignored. If you are injured from a malfunctioning escalator or walkway that has not been maintained you have the right to seek compensation.
- Maintenance Failure – Loose railing, cracks in the sidewalk, and other dangerous maintenance flaws can all be contributing factors in potential accidents and injuries. Without proper maintenance and upkeep, this could make the stadium or concert venue you are at responsible for the injures resulting from the lack of upkeep.
Unsafe Venue Conditions
If you fall and injure yourself at concert, festival or sporting event, there are several considerations to take into account. Simply slipping and hurting yourself is not enough for an actionable injury.
Venues must maintain safe premises to proactively help avoid potential hazards. This means, if you slipped because of something they overlooked or ignored, the venue could be held liable for your injuries.
Several factors go into this, however, the major considerations include:
- Lighting – Poor lighting can make walking or climbing steps particularly challenging. If you suffered a fall due to an issue with visibility, the venue may not have upheld its duty to provide a safe area.
- Missing Safety Equipment – Did you fall down a staircase that didn’t have a handrail? Maybe a oddly placed curb that wasn’t painted yellow to warn you it was there? If there are appropriate safety measures that have been overlooked, you may be legally entitled to financial compensation.
- Wet Conditions – If you slipped as a result of flooded floors or leaky pipes, the responsibility may fall on the venue and you may be financially compensated for your resulting injuries.
- Broken Walkways and Stairs – If your injury was a result of broken stairs, stadium seats, or an uneven walkway, the stadium has to take responsibility for this type of neglect. Injuries that are a result of unattended hazardous conditions are the responsibility of the venue operator.
Negligent Acts of the Venue
If your accident or injury was the result of negligence or an oversight of regard on behalf of the event or venue, they may be liable for medical expenses and other damages to you. Negligence is a broad category and can be claimed for anywhere the provider has failed to exercise due diligence in ensuring your safety.
Not providing adequate security, safety exits, or other needs would be some examples of negligence. There have been cases where the training levels of the security provided were inadequate, which were deemed as negligent.
The application is anytime the prevention of your injury was foreseeable through adequate safety measures, and when those were not taken.
Next Steps for Injured Victims
If you have suffered an injury at a stadium, sporting event, or concert, the first step should always be to contact a personal injury attorney. A personal injury lawyer is the best option when evaluating your injuries and thinking about filing a lawsuit. There are many contributing factors involved to determine who is at fault for your injury.
The team at Power Trial Lawyers is here to help. Our dedicated team of legal professionals will gladly speak with you about your case, and share with you about the complicated nuances of the legal system. Contact our law office today to see if you are eligible to file a personal injury case and seek compensation for your accident. We’re ready to help. Call us today (844) 844-POWER.
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