Football season is almost here, which means that fans across the country are getting their team’s colors on and ready for a fun-
filled Fall of intense games and rivalries. Along with the fun of cheering for your favorite teams in the stadium comes the pre-game tailgate.
With coolers full of drinks, tents, grills, and friends, tailgating can be a fun-filled activity. Unfortunately, it can also be the source of injury if proper precautions are not taken before and during the tailgate, which raises the inevitable question, who is liable when injuries occur at a tailgating event. Understanding tailgating liability, can not only help you stay safe, but also help you avoid a potential lawsuit.
Individuals
We’ve all heard of the guy or gal who gets way too competitive during football season and who is known to start fights with opposing fans. Unfortunately, this person may be putting him or herself at risk of causing severe injury or harm if he or she allows their temper to get out of control. If someone is involved in a fight and injures another person at a tailgate, they could be liable in a personal injury claim.
Additionally, it’s essential that tailgaters use extreme caution when driving through the stadium parking lots. With many people walking around and engaging in activities like touch football or other sports, it can be easy for a pedestrian accident to occur. The driver of a car that hits a pedestrian in a stadium parking lot may also be held liable for any injuries sustained.
Alcohol is often a driving factor in fights that escalate into injury-causing incidents or vehicle accidents, so it’s important that tailgaters take responsibility for their actions and limit alcohol consumption, especially if it is a contributing factor to aggression.
Stadium/Property Owners
Every property owner is responsible for maintaining a safe premise. In premises liability, the owner of a property is responsible for many of the types of accidents or injuries that occur on their property, especially if they did not take proper steps to reasonably maintain a safe environment. If there is an injury or accident on stadium property, it’s possible that the stadium owner can be held liable if factors such as inadequate lighting or security contribute to the accident.
It’s important to note that visitors to the property also have a responsibility for themselves and may be found liable for a portion of the accident if they were also acting negligently, such as being overly intoxicated when the accident occurred. In fact, under some circumstances, a person’s own inebriation may prevent them from receiving any recovery for their own injuries.
Universities
Universities may be held responsible for certain types of accidents, especially if the tailgating occurs on campus. Each University has a responsibility to take reasonable steps to ensure the safety of the students who attend school at that institution. This also extends to prohibiting and disciplining underage drinking.
Football season can be a lot of fun, but to thoroughly enjoy each game, it’s essential that everyone take the proper measures to ensure safety first. With tensions high before the game, all tailgaters should be aware of their surroundings and potential dangers.
If you feel that you have been seriously injured as the result of the negligence of another, you may be eligible to receive compensation for your injuries. Contact an experienced personal injury attorney who can assist you in recovering the compensation you are entitled to receive.
References:
Snider, B. (n.d.). Who’s Liable for Tailgating Accidents, Injuries? Retrieved from https://blogs.findlaw.com/tarnished_twenty/2014/01/whos-liable-for-tailgating-accidents-injuries.html
