America loves to be entertained.
One study found that the average household spends almost $2,500 a month on entertainment, with
a large percentage going just to fees and admissions. Sporting events,
concerts, theatre events, expos – just some of the many activities
going on around town at any given time. When you go out to support the
Heat or catch a performance at Bayfront Park, you’re thinking about
having fun, not getting injured. But safety is an important issue at all
times, and any outing can end in the emergency room.
Owners and operators of venues are well aware of the risk of injury to
spectators. That’s one of the reasons for the fine print on the
back of your ticket. Particularly with sports contests, those warnings
are there to let you know that the facility will not be responsible if
you are hurt in a way that is reasonably foreseeable. Legally referred
to as “assumption of the risk,” it means that by choosing
to be present, you acknowledge that you are taking a chance in a potentially
dangerous situation. For example, if you are hit by a foul ball at a baseball
game or by a player chasing an out-of-bounds basketball into your courtside
seat, you may not be able to seek damages for any injury that results,
because those actions are normal parts of the games.
Have You Been Injured at:
- Marlins Park?
- American Airlines Arena?
- Amway Center?
- Sun Life Stadium?
- BB&T Center?
- Orlando City Stadium?
- Daytona Int’l Speedway?
- Homestead-Miami Speedway?
- Tradition Field?
- Space Coast Stadium?
- Jackie Robinson Ballpark?
- Roger Dean Stadium?
- FAU Stadium?
- Lockhart Stadium?
- Bayfront Park?
- Miami Dade Cty Auditorium?
- Markham Park?
- Kravis Center?
- BankUnited Center?
- Perfect Vodka Amphitheatre?
Any other venue, stadium, arena, or theater in South Florida? Then give
us a call.
But what if the netting that was supposed to catch the foul ball was not
in the right spot? What if the basketball player would not have slid into
you if he hadn’t slipped on soda spilled by another fan? In instances
like these, assumption of the risk is an insufficient defense. Property
managers and facility owners can still be held liable if their negligence
causes or contributes to a spectator’s injury. At a minimum, the
premises must be reasonably safe and properly maintained for the public.
Any hazardous conditions must be identified and repaired within a reasonable
time. This is often a problem at some of the stadiums, arenas, and amphitheatres
around the country that were built decades ago.
In addition to safety code violations, careless decisions made by other
members of the crowd can be the source of an injury. Common examples include:
- Accidents resulting from serving alcohol to visibly intoxicated persons
- Elevator/escalator accidents
- Falls from upper decks or balconies
- Fights/spectator aggression
- Food poisoning
- Inadequate lighting
- Injuries from objects that are thrown or dropped
- Issues with overcrowding and crowd control
- Lack of fire-fighting equipment
- Lack of railings or poorly maintained railings
- Lack of safety planning
- Negligent or inadequate security
- Parking lot injuries (tailgating, traffic congestion, pedestrian accidents)
- Slips and falls on slick surfaces (often in bathrooms and on stairs).
If you are injured at a public venue, seek immediate medical attention.
Get the contact information of any witnesses and take pictures of the
accident scene. Ask a friend or family member to do it if you aren’t
able to. Be sure to notify the person in charge of the facility about
the accident, check that the details are properly recorded, and ask for
a copy of any reports. This can play an important role in later proving
that adequate precautions were not taken.
When you’re out enjoying a show or cheering on your team, you don’t
think about what would happen if you got hurt. Successful personal injury
actions are not on the average person’s mind, but it’s what
we do best. While we cannot guarantee the outcome of any case, the South Florida
premises liability attorneys of Stabinski & Funt, P.A. have helped many people sort out
their legal rights, responsibilities, and remedies. For 45 years, we have
been the trusted advocates for countless personal injury victims and their
families. We also work on a contingency basis, which means that if there
is no recovery, there is no fee or cost to you. If you wish to learn more
about how our firm can be of assistance to you, we encourage you to contact
us for a free consultation by calling 305-643-3100 or
filling out a case evaluation form.