50 I t’s a big year for sports in Las Vegas – the Vegas Golden Knights kicked off its inaugural season, the Las Vegas Lights FC professional soccer team arrives in 2018 and the Oakland Raiders are relocat- ing to Southern Nevada in 2020. Las Vegas has a deep rich history of hosting sporting events with boxing and mixed martial arts, but this marks the first time the State has claimed more than one professional team as their own. For the millions of residents and visitors to Las Vegas each year, professional sport enhances the experience, the economy and the community spirit. While the positives for these new sports teams are plentiful, we wouldn’t be Nevada’s largest personal in- jury law firm with nearly 40 years of experience with- out thinking about the additional risks of injury. As a spectator, is the venue or team at fault if you’re injured at the game? What about while tailgating in the park- ing lot? As a player for the team, do you assume the risk and responsibility if you’re injured on the field, rink or court? Do fans assume the risk of an injury? The short answer is it depends. Let’s dive a little deeper. Scene One: You are in the stands to watch your team play their biggest rival. At a time out, you head up the stairs to the restroom. On the way back, you miss a step and tumble down the remaining steps and are hospitalized. In a case like this, known as premises liability, you must prove the owner of the stadium or arena was negligent. Tripping or slipping and falling doesn’t automatically prove anything. However, if you’re able to prove a dangerous substance or condition – such as a cracked step, a missing or loose handrail – liability of the premises owner becomes possible. And you must prove the owner knew or should reasonably have known about the dangerous condition and failed to fix the problem. Maybe you or someone you know has been to the venue before and noticed and reported the issue. Establishing prior notice is a big part of proving negligence against the premises owner. Scene Two: It’s the final game of the season, and your team is one win away from a playoff spot. Before the game, you’re in the stadium parking lot, tail- gating, laughing with friends and loudly supporting your team. Some intoxicated fans of the opposing team start trouble. A brawl breaks out and people get hurt. Some might think the stadium isn’t liable because the fight was caused by fans behaving badly. Others argue the stadium should have anticipated the potential for a tense and dangerous crowd, given the circumstances of the gathering. There is a level of responsibility that comes with hosting an event: Two passionate and ine- briated opposing groups gathering for the big game may lead to a foreseeable risk of altercation. To be safe and reasonable, the stadium should have increased security personnel and presence around the tailgate area to diffuse any conflict that may arise. If the stadi- um failed to adequately anticipate and prepare for the clash, they could be found at fault. Scene Three: A professional football quarterback is retiring. After 15 years of putting his body on the line each season, it’s time for him to hang up his cleats and enjoy more time with his family. Following his retirement ceremony, he commits sui- cide. His family blames his long career and multiple concussions for his death, and threatens legal action. This is a current, hot-button issue in the sports world, especially football. Football is an aggressive game, and injuries are to be expected; that is the assumption of risk by the player. That means the player knowingly and voluntarily participated in an activity known to be dangerous and understood the risks. However, the debate centers on what injuries a player should antici- pate. Broken bones, strained or torn muscles are to be expected, but players draw the line at brain injuries. A class action in behalf of former NFL players was settled providing damages against the league for chronic traumatic encephalopathy. For those who opted out of the class action, ongoing litigation seeks individual damages. Scene Four: A foul ball comes your way! Thankfully, you’re prepared. You reach your gloved hand out to catch it, but in- stead of landing squarely in your mitt, it grazes the top of your glove, smashes into your face and breaks your nose. Again, this situation falls under the assumption of risk rule. Many teams would invoke “the baseball rule,” which holds that if the most dangerous areas for the crowd (i.e., behind home plate) are protected by net- ting, those who sit elsewhere in the stadium are as- suming the risk of injury. Basically, if you’re at a sport- ing event where trained athletes are hurling balls and other objects at lightning speed, there’s a chance you may get hurt, accidentally. However, there have been cases allowing injured victims to sue teams and arena owners for injuries from wayward balls and pucks. The lesson here is choose your seat wisely and remain alert throughout the game. The examples listed here should not be taken literally to predict a finding of fault. Most sporting event tickets have a contractual limit of liability. However, if you or someone you know has been in- jured while watching or playing sports, call our office for a free case evaluation. Meanwhile, enjoy the game – safely. 51