Who Is Held Responsible for Injuries at a Sporting Event?

No one attends a sporting event thinking that they may be injured, but unfortunately spectator injuries are not as uncommon as many sports fans assume. Baseball and hockey games are where most spectator injuries occur, but attendees can be injured in the stands of any kind of sporting event.

In the first six months of the 2019-2020 soccer season of the Premier League, Championship and Leagues One and Two, 1,215 audience members were injured. During 127 National Hockey League Games, 122 spectators were injured; 57 of them required emergency room treatment.

Sports fans (often inadvertently) assume the risk of injury when they attend games. This means that if you were injured by a puck, baseball or any other wayward material while seated at a sporting event, it is unlikely that the team will be considered liable for your injury. That does not mean that sports teams cannot be sued if you are injured on their premises though.

If you were injured at a sporting event, you should still consider contacting a lawyer. You may be eligible to recover damages for your medical costs, lost wages and pain and suffering.

What Does It Mean to Assume the Risk of Injury?

Many daily activities can be dangerous. Assumption of risk is used to describe any situation in which a person “knowingly” takes part in a dangerous activity. From a legal perspective, people tacitly accept the risk simply by participating. For example, shooting off fireworks is considered a dangerous activity. When you take part in the activity you assume the risk of injury.

When we attend events or take part in activities that increase the risk of injury, we may be asked to sign “liability release waivers.” These waivers are meant to protect businesses from liability for injuries that are the result of known risks. A good example of this is working out at a gym.

While you work out at a gym you may injure yourself by straining a muscle or by dropping a weight on your foot. A liability release waiver prevents the owner of the gym from being held financially responsible for your injury. This doesn’t protect them from liability in all instances of injury though, which is a common misconception.

If you are injured at a gym because of the owner’s negligence, like if they mopped the floors and didn’t place a wet floor sign to warn you of the hazard, and you slip, fall and injure yourself as a result, the owner is still liable. Waivers usually protect business owners from a specific set of injuries, not necessarily all injury events.  

This is true for sporting events as well. While attending a sporting event you assume the risk of injury, but that doesn’t mean if you are injured at a game that the owner of the premise or the sports team cannot be sued. The circumstances of your injury dictates liability.

Did You Know About the Assumption of Risk at Sports Games?

There are many scenarios in which there’s a legal assumption of risk despite the participant not being aware of it. Your lack of awareness of that assumption, like when attending a hockey game, doesn’t negate the liability protection the team has. While there are scenarios in which ignorance of the law may result in some level of leniency, it generally doesn’t extend to assumptions of risk.

Essentially, if you’re participating in any kind of activity that could pose a risk to your safety, even if that risk is relatively small, you should assume the organizer or property owner has some level of liability protection. Other examples include:

·       Swimming in a pool without a lifeguard

·       Bungee jumping, skydiving and other extreme sports

·       Using power tools

There’s a difference between defects or negligence and injuries from bad luck or mistakes on the user’s part. A skydiving operator could be liable if they mishandled the parachute and it failed to deploy, but they likely wouldn’t be liable if you simply failed to open your chute in time. A table saw manufacturer wouldn’t be liable if you were inattentive and lost a finger, but they could be liable if their saw was defective, and the blade flew off despite you operating it according to instructions.

When Is a Sports Team Liable?

If you are injured outside of your stadium seats at a sporting event, like in a slip and fall on a wet floor in the concourse, the assumed risk defense no longer applies. The sports team has an obligation to keep their premises safe for attendees. Injuries caused by inadequate care for the premises are eligible for lawsuits.

I Was Hurt at a Sporting Event, Who Should I Contact?

If you were injured at a sporting event in Ohio and have justifiable reason to believe that your injury was the result of negligence on the sports team’s part, contact a personal injury lawyer. The Buckeye Law Group has locations across Ohio and has a team of experienced lawyers with extensive experience in personal injury.

We’ll fight for the financial recovery you deserve. Reach us by calling 1-800-411-PAIN or contact us online.