When Spectators at Sporting Events Get Injured, Who Is Liable?

Injuries are somewhat expected in the sports arena—but not in the bleachers. More than 15 million fans attend professional sporting events annually, and when a spectator is injured, it is important to understand the different liability issues in play.

Assumption of Risk

The people who own and operate sports venues are certainly aware of the risk associated with action sports. Therefore, most tickets to sporting events have fine print that warns the ticket holder that the facility is not responsible for foul balls, hockey pucks, or off-balance players who come careening into the stands and cause injury to spectators. It is also not uncommon for there to be signs posted in the venue about foul balls or for the P.A. announcer to give a warning over the loudspeaker.

The fine print on your ticket and the signs throughout the venue are based on the legal doctrine of “assumption of risk,” in which the law recognizes that, by entering a sporting event venue, you have assumed some level of risk for unexpected—yet somewhat foreseeable—injuries.
However, the assumption of risk rule is not without exceptions. You have “assumed the risk” of certain things happening, such as a foul ball being hit into the second level of seats or an errant pass sending a basketball into the stands. But if the facility owners and operators have not made an adequate effort to protect spectators’ safety, the assumption of risk argument will not cut it.

For example, say you were sitting behind home plate at a baseball game, right behind the protective net that catches foul balls and passed balls. If there is a large hole in the screen that allows a foul ball to shoot straight through and injure you, you could have grounds for a lawsuit against the facility.

There are also exceptions made for unforeseeable events that a reasonable person would not expect to deal with at a sporting event. For instance, say you are at a basketball game when a fight breaks out among the two teams and spills into the first few rows of seats. If you are injured by one of the angry players, you could have grounds for a lawsuit because that is not a “reasonable risk” of attending a sporting event.

Inadequate Security

You could also have grounds for a personal injury case if your injury was caused by inadequate security. Sporting venues employ security teams to deal with intoxicated fans, break up fights, and protect both the athletes and fans. If a security guard fails to step in and prevent your injury or makes the injury worse by reacting inappropriately, the venue or the individual security officer could be open to liability.

If you win your personal injury claim, you could be entitled to compensation for:

• Medical costs, including hospital bills, ambulatory costs, prescriptions, medical supplies, rehabilitative care, transportation to and from doctor’s appointments, and the cost of ongoing care (if necessary)
• Lost income and other expenses, including decreased earning capacity, housekeeping expenses, childcare, and more
• Pain and suffering, including loss of companionship, loss of enjoyment of life, loss of consortium, or inability to enjoy previous lifestyle