If you’re reading this, you’re likely seeking clarity on how to stay safe at sporting events or understand your rights if an injury occurs. You’re in the right place. This guide will explain the risks spectators face, which sports pose the highest danger, the legal principles involved in injury claims, and practical steps to protect yourself and your family. Let’s dive in.
Injuries to spectators at sporting events are not common, but when they do occur, they can be significant. Sports teams and event organizers are required to provide a reasonably safe environment for fans, but they are not required to protect spectators from all possible risks.
Liability for fan injuries is based on negligence. If negligence can be proven by an injured spectator, recovering compensation may be possible. Legal professionals can evaluate the circumstances involved in a spectator injury and determine whether compensation may be available.
What Sports Have the Most Spectator Injuries?
A recent study on spectator injuries in sports identified auto and motorcycle racing as the sporting event responsible for the most spectator injuries. Most of the injuries at racing events are due to the sport itself when vehicles crash into spectators or debris from crashes flies up into the stands.
Other sports that report a high incidence of spectator injuries are:
- Cycling
- Baseball
- Cricket
- Hockey
Baseball fans are most at risk of being hit by foul balls. An NBC News investigation found over 800 spectator injuries from baseballs at professional games between 2012 and 2019. Those injured have suffered concussions, loss of vision, and even death. In an attempt to improve fan safety in recent years, professional ballparks have been required to extend the protective netting between the field and the fans to cover a greater portion of the foul ball area.
Spectators at hockey games face a similar threat when hockey pucks leave the ice and fly into the stands. A recent study of one US-based National Hockey League venue over six seasons found 51 instances of fans being struck by hockey pucks.
Pucks most frequently hit spectators in the face or head, resulting in lacerations, contusions, and pain.
The Basis of Liability for Spectator Injuries at Sporting Events
In Texas, property owners and occupiers owe a duty of care to protect authorized visitors from unreasonable risks of harm known to exist on the property. Liability for injuries that result from failing to take reasonable measures to protect visitors is a particular type of negligence known as premises liability.
Spectator injuries at sporting events can lead to premises liability claims if a dangerous property condition existed that the venue knew or should have known about, and they failed to either fix the hazard or properly warn visitors.
Examples of hazards at sporting events that might give rise to premises liability could include:
- Liquid spilled on the floor, causing a spectator to slip and fall
- Defective railings or guards at the front of seating areas give way, causing fans to fall
- Loose objects that fall from the ceiling onto spectators
Spectators Assume the Risk of Certain Kinds of Injuries
When fans purchase tickets to sporting events, they agree to certain terms and conditions in exchange for the right to attend. The fine print on sporting event tickets usually contains language releasing the event venue and sports team from liability for any injuries or damage that occurs from playing the sport.
The waiver of liability is based on the legal defense of “assumption of risk.” Fans are presumed to understand the risks associated with attending the event and to accept responsibility for protecting themselves. If a spectator is injured by an errant ball or piece of sporting equipment, neither the venue nor the team will usually be liable for the resulting damage.
The Baseball Rule
The baseball rule grew out of the incidence of fans being hit in the stands by foul balls. Courts decided foul balls were hit so often that the danger was common knowledge to spectators, and they assumed the risk of being hit by attending a baseball game. Teams and venues’ only duty to fans is to provide a reasonable number of protected seats and adequate warnings about the risk of foul balls. If they comply, there is no liability for injuries from objects flying into the stands from the field or court.
The baseball rule has been criticized in recent years as more spectators have suffered significant injuries from foul balls and other projectiles being launched into the stands. Some courts have refused to apply the baseball rule. Texas recognizes the baseball rule, but there are indications that some courts may not be willing to apply it.
In 2019, a 2-year-old girl was hit in the head by a foul ball at a Houston Astros game. The girl was sitting down the left field line beyond the reach of the protective netting (which has since been extended). She suffered a skull fracture and has a permanent brain injury. The girl’s family filed a lawsuit and reached an undisclosed settlement with the team in 2021.
Though it’s not known what the outcome of the lawsuit would have been, the baseball team was obviously not certain it would win if the matter proceeded to court, which suggests that the baseball rule may be falling out of favor as a complete bar to liability.
Liability for Spectator Injuries Caused by Other Spectators
Fan behavior is an ongoing concern for those responsible for event safety and security. According to the 2024 annual survey done by the National Center for Spectator Sports Safety and Security (NCS4), venue security directors report fan behavior is worse now than 5 years ago, with 70% of those surveyed indicating fan behavior was somewhat worse to much worse.
It may be no surprise that the top two inappropriate fan behaviors named as most common were alcohol abuse and fights among spectators. A venue’s liability is based on whether it contributed to the harmful situation. If the venue could have taken reasonable measures to keep fans safe but failed to do so, it could be liable when spectators injure other spectators.
A sports venue may have liability if one of its vendors serves alcohol to an obviously intoxicated fan whose intoxication is the reason for injuring another fan. A venue may also have liability if its security staff fails to properly handle a situation between spectators.
Where to Get Help if You’ve Been Injured at a Sporting Event in Texas
Attending a sporting event is one of our great American pastimes, and millions of people believe sporting events are safe experiences for their families. However, there are certain risks inherent in attending sporting events, especially sports where the equipment can leave the field and fly into the stands at very high speeds. Injuries can be serious, and holding the team or venue liable can be an uphill legal battle.
If you have been injured as a spectator at a sporting event, consulting with a legal professional can help you understand whether you have a valid claim for damages. Contact the Dallas premises liability lawyers at Wolf Law, PLLC to see how we can help you.