It’s fall, and sports are in full gear in California. Whether you love the Los Angeles Rams, the San Francisco 49ers, or the San Jose Earthquakes, it’s an exciting day out with your family or your friends to see your favorite team. But it’s not always fun and games, and sometimes people get hurt – seriously hurt – while attending a game. Who is responsible if you suffer injury at Oracle Park or Dodger Stadium? The answer is governed by the principles of personal injury and premises liability.

Personal Injury and Premises Liability

Personal injury is the legal term for an injury to a person, as opposed to injury to property. It can be either physical, mental, or emotional. It is actionable and compensable if another party, through his or her negligence or intentional misconduct, caused your injury. Car accidents and dog bites are common types of injuries. However, another type of personal injury is known as ‘premises liability.’ Premises liability is the liability that a landowner has for injury to a third party for certain injuries that occur on their land. 

In California, the general rule is that landowners and occupiers (such as renters and stadium operators) are accountable for injuries caused by unsafe conditions on their property. The legal foundation is based on negligence and the duty of care. Property owners and occupiers must maintain their premises in a reasonably safe condition to prevent harm to visitors. This obligation could include regular inspections, maintenance, and repairs, as well as written warnings about hazards that cannot be fixed immediately. Premises liability also depends upon your status at the venue. If you bought a ticket, you are considered a visitor and are owed the highest duty of care. But if you jumped the fence and did not purchase a ticket, you would likely be considered a trespasser to whom a lesser duty of care is owed. 

So let’s say you’re at a football game, and you slide on the restroom’s slick floor and break your ankle. The facts show that a stadium janitor had just mopped up some spilled beer, but didn’t put out warning signs. In this case, it is likely that the stadium owner or operator would be deemed liable for your injury.

As another example, let’s say that an angry fan throws a beer can that strikes you in the eye, causing a painful laceration. Who is liable in this case? The answer is – it depends. Fan violence is a known dangerous condition in the world of in-person sports, and the owner may argue that you assumed the risk of this kind of injury. But the answer may hinge on whether the fan was over-served or whether it was reasonably likely that this fan would become violent. Under these circumstances, the owner or operator could be deemed liable.

And what if you’re hit by a fly ball? While it’s generally assumed that sports fans assume some risks like flying balls and pucks, there are other fact-specific issues, such as whether it would have been reasonable and protective for the owner to install protective netting. Talk to a San Luis Obispo attorney to learn more.

Contact The Law Offices of Earl E. Conaway, III

Enjoy the crisp fall weather while watching the sporting events you love. But take precautions and be aware of your surroundings. If you or a loved one is injured, contact us to understand your rights.