You won’t find more loyal fans than Philly fans. Whether you’re catching an Eagles game at the Linc, watching the Phillies at Citizens Bank Park, or cheering on the 76ers at Xfinity Mobile Arena, you’re sure to have a fun time.
Of course, there are those occasions when the enthusiasm for our teams can get a little out of hand. That can lead to serious tussles in the stands, with some folks ending up in the ER.
If you get into a fight with another fan at a game, obviously you want to hold the person who threw the first punch responsible. There could also be an issue with negligent security. That would make the stadium owner partially responsible for your injury.
In order to prevail in this kind of claim, you’ll need the guidance of an experienced Philadelphia negligent security lawyer. An attorney can help identify all the liable parties.
Getting into a fight can be extremely traumatic. You don’t want to compound that by being overwhelmed by medical bills and lost wages.
What Is Considered Negligent Security at Professional Sports Venues?
When you go to a game, you expect a reasonably safe environment. If the management fails to provide adequate safety measures, it breaches its duty of care. That means it can be held legally liable under premises liability laws for injuries resulting from violent crimes, brawls, or crowd surges.
How could something like this happen? Consider the following:
Lack of Personnel: If the stadium fails to employ enough security guards or event staff to monitor concourses and seating sections, it can encourage bad behavior.
Failure to Intervene: A well-trained security staff will recognize when there are growing concerns like aggressive behavior or altercations between rowdy fans. The goal should be to step in as quickly as possible to de-escalate.
When you and your attorney identify how stadium management was negligent, you’ll have a better chance of prevailing in your claim.
Establishing Foreseeability in a Stadium Violence Lawsuit
Foreseeability is the cornerstone of a negligent security claim. If a sports venue has a history of violent incidents and fights, the management is legally required to increase security accordingly. Given the crowds, the rivalries, and the beer taps, a professional venue will have a hard time arguing that a fight was unforeseeable.
If the management fails to adapt to these known risks, they can be held accountable for any subsequent injuries due to an assault.
The issue of foreseeability also extends to selling alcohol to visibly intoxicated fans. If those fans turn violent, the stadium or arena can share responsibility. That also includes monitoring the stadium parking lots during tailgating. Although the stadium isn’t serving alcohol out there, heavy drinking and pre-game violence are not uncommon.
The lack of proper bag checks, metal detectors, or security checkpoints at venue entrances can also contribute to violence and assault.
Evidence Needed to Prove Liability After a Stadium Assault
Pennsylvania law recognizes the initial aggressor rule to help determine legal culpability in a physical fight. In other words, someone who starts a physical altercation can’t claim self-defense. That finding weighs heavily when sorting out civil liability.
Although things can get heated in a stadium fight, there will always be someone who throws the first punch. In order to prove that, you’ll need supportive evidence. If a fight starts brewing at a game, chances are everyone in the vicinity is whipping out their phones to capture what happens. That footage can clearly establish who threw the first punch.
You can also support your claim with the following evidence:
- Police report
- Security logs
- Staffing records
- History of prior incidents
- Venue surveillance footage
- Witness testimony
You’ll also need to establish your damages. That will mean providing medical records and proof of lost wages.
Legal Steps for Victims of Sports Venue Negligence
If you’ve been involved in a fight at a sporting event, there could be criminal charges along with your civil complaint. You don’t have to wait for the outcome of a criminal trial to pursue your civil case.
It is important that you report the incident. You also need to gather all the relevant evidence, including the cell camera footage and witness information. Once you have that, your next step should be to discuss what happened with an attorney at Laffey Bucci D’Andrea Reich & Ryan.
We have helped many Philly residents pursue a premises liability claim as a result of a criminal assault.
Our investigative teams can help track down the witnesses and secure the cellphone video. If we agree to work together, it is because we are confident that negligence contributed to your injuries. The only way to find that out is to call to schedule a consultation.
Let’s find out together where you stand.