Spectator injuries and liability in Colorado

June 01, 2013

Going to watch your favorite sporting event is a good way to relax on a weekend afternoon. However, attending the event carries with it its own inherent risk--something that you might not always think about. Unfortunately, being struck by baseballs, hockey pucks or other objects can be an unexpected part of the experience.

Earlier this year, a 12-car wreck during the last lap of a NASCAR race, ripped a hole in the protective fence, causing car parts and other debris to fly 75 feet into the stands. As a result, about 28 racecar fans suffered various injuries, including brain injuries, internal bleeding, cuts and chest injuries.

Spectator injuries and the law

Fans, eager to see their favorite team or athlete, do not always appreciate the risk of being injured that attending a sporting event can pose. Fortunately, in many cases, the law is there to protect them. Under Colorado law, owners and operators of sports arenas and sporting events have a legal duty to take reasonable steps to protect spectators from harm that may be reasonably foreseen. As a result, owners and operators must erect barriers, safety nets or fences that are designed to offer spectators from balls, pucks or other debris that can often enter the stands, potentially injuring spectators.

If the owner or operator of the sporting event fails to take these steps to protect spectators, he or she may be considered negligent under the law. Under Colorado law, negligent parties can be held financially liable for injuries flowing from their negligence. Injured parties may recover expenses such as medical bills, loss of wages and pain and suffering.

Exceptions

Although arena owners and operators are generally liable for foreseeable injuries to spectators, many jurisdictions, including Colorado, have carved out exceptions to the rule through laws or court rulings that limit or eliminate liability towards spectators.

Colorado's legislature did just that when it passed the Colorado Baseball Spectator Safety Act of 1993. Under the act, spectators at professional baseball games are legally presumed to know of and have assumed the risk of injuries that are inherently part of the game, such as foul balls or thrown bats. Under this law, owners of a professional baseball team or arena are shielded from liability for common and expected baseball-related spectator injuries, provided they maintain the arena in a reasonably safe condition.

Consult an attorney

Although the act limits an injured party's right to recover when viewing professional baseball games, it does not apply to intentional injuries or to amateur baseball games and other sports. If you have been injured while watching a sporting event, contact an experienced personal injury attorney. An attorney can evaluate your claim and advise you on your right to compensation.

Article provided by D. Chadwick Calvert, LLC
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