Those Cal Poly Mustangs cause a lot of excitement around San Luis Obispo. So do the LA Chargers, the LA Rams, and the San Francisco 49ers. Fall football in California brings out the fans! But game day isn’t all about fun and laughs. Sporting events involve huge crowds, alcohol, and complex venues, and spectators are at risk of injury. 

Some injuries in sports venues are serious and sometimes even fatal. You could be injured by a flying puck or a foul ball. You could slip on standing water in the stadium bathroom. You could trip on a poorly maintained stairway reaching your seat. Other types of risk include assault by inebriated fans and crowd-related injuries during entry. Do you have any legal recourse if you suffer a personal injury as a spectator at a sporting event?

Sporting Events and Personal Injury

Personal injury is defined as any situation in which someone suffers physical harm and/or economic loss due to the actions of another party. Most personal injury cases result from negligence, or a person’s failure to exercise reasonable care, but they may also arise under a legal doctrine known as premises liability. Premises liability is a subset of negligence and is applicable to torts – that is, legal wrongdoing   – that occur on another’s property. A negligence-based claim arises from a defendant’s negligence, such as running a red light and causing a car accident. A premises liability claim arises from a defective or dangerous condition on a property.  

In premises liability law, stadium owners owe their spectators a duty of care to identify risks that might cause injuries and to correct those conditions or defects. For example, potential hazards like spilled liquids must be cleaned up promptly if the risk could have been discovered within a reasonable amount of time. 

A premises owner’s liability depends on the injured party’s status as an invitee, licensee, or trespasser on the property.  If you have purchased a ticket for a sporting event, you are considered an invitee and the property owner owes you the highest duty of care. 

If a court finds that you have satisfied the elements of a premises liability case, you will be able to receive compensation. Compensation includes:

• Economic damages – These are damages that include out-of-pocket costs, including lost wages and medical costs. They are sometimes called compensatory damages.
• Non-economic damages – These damages are harder to quantify and are sometimes called pain and suffering damages. They may include damages to compensate a plaintiff for pain and suffering, loss of consortium and companionship, and emotional distress.
• Punitive damages – These types of damages are rarely awarded in California, though they are available in limited personal injury and premises liability cases. They are meant to deter a defendant from engaging in reckless behavior. Typically, the behavior in question must fall into the categories of fraud, oppression, or malice. 

Contact the Law Offices of Earl E. Conaway, III

If you’ve been injured as a spectator at a sporting event, a San Luis Obispo attorney can help you evaluate whether you have a legal cause of action. Because a strict statute of limitations applies, talk with an attorney as soon as possible. Contact us today to see how we can help you.