When tensions are high at sporting events, people can get hurt. Consider a post-game attack in October 2024 when a man wearing a Baltimore Ravens jersey attacked two men in Washington Commanders jerseys. He hit one man in the face, knocking him unconscious, and threw the second man to the ground.
In 2023, a drunk man in the parking lot of Penn State’s Beaver Stadium started picking fights with people. When a state trooper tried to arrest him, he punched the trooper in the head. He also struck an emergency medical worker who was trying to administer care to him.
Sports players assume some basic risks when they compete, but spectators shouldn’t have to. If you become the unfortunate victim of an act of violence at a sporting event, you may be wondering what legal recourse you have.
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Who Should Be Held Responsible?
The Perpetrator
If someone assaults you at a sporting event, you may be able to press both criminal and civil charges. With criminal charges, the state will prosecute the perpetrator. Punishments may include jail time or fines.
A civil suit is strictly for financial compensation. You can sue the attacker for damages like medical bills, lost wages, and pain and suffering (non-economic damages related to physical pain and emotional suffering). However, a civil suit will not send anyone to jail.
There is a lower burden of proof with a civil lawsuit than a criminal one. (For criminal charges, you need to prove guilt beyond a reasonable doubt.) So even if a person doesn’t get a criminal conviction, you may still be able to penalize them through a civil suit.
If you decide to file a civil lawsuit against a perpetrator, be mindful that they may lack the financial resources to pay the damages. In such situations, it may be more effective to focus on claims against the venue or event organizers, as they are more likely to have insurance coverage or assets to compensate victims.
Property Owners
You might also be able to file a civil lawsuit against the property owners, such as the company that owns a stadium.
This gets into the issue of “premises liability.” Premises liability refers to the legal responsibility of property owners to ensure the safety of visitors and prevent foreseeable harm.
To determine if you have a valid premises liability claim, consider these factors:
- Did the venue have adequate security measures in place, such as trained personnel, metal detectors, and crowd control protocols?
- Were there any prior incidents of violence at the venue that should have alerted management to the need for increased security?
- Did the venue’s staff respond promptly and appropriately to the incident in question?
If it can be shown that the venue failed to meet its obligations and that this failure directly contributed to your injuries, you may have grounds for a premises liability claim.
Event Organizers
Depending on the agreement between the property owners and the company that organizes events or games in the venue, you may be able to sue the event organizers. Perhaps they failed to control the crowd, did not hire enough security officers, etc.
Third-Party Contractors
In some cases, the liability may rest with a third party instead of the property owners. For example, let’s say the stadium contracts with a security company, and they failed to properly vet, equip, and train their staff. Maybe they hired someone with a criminal record or didn’t give them the proper training for dealing with violent acts.
Or maybe the attack happened in a stadium parking lot that is owned and operated by a third party.
Employees
If employees of the stadium, events organizer, or a third-party company acted in blatant disregard of company policy, you may be able to hold them personally responsible for your injuries.
How Do I Win My Civil Lawsuit?
Prove Negligence
Negligence is the operative word when it comes to civil lawsuits. You must be able to prove that someone’s negligence led to your injuries.
Negligence occurs when an individual or entity fails to exercise reasonable care, resulting in harm to others. For example, if a security guard witnessed an altercation but failed to intervene or call for backup, they, or the security company they work for, could be considered negligent.
To prove negligence, you must demonstrate the following elements:
- The defendant (e.g., the perpetrator, venue staff, etc.) owed you a duty of care.
- The defendant breached this duty by failing to act with reasonable care.
- The breach of duty directly caused your injuries.
- You suffered actual damages (e.g., medical expenses, lost wages, pain and suffering) as a result.
If these elements are present, you may have a strong case for a civil lawsuit.
Support Your Case with Evidence
As tragic as your case is, if you don’t have evidence to support it, you won’t win. Evidence may include:
- Photos or videos of the incident, if available
- Witness statements
- Police reports and incident reports filed with the venue
- Medical records documenting your injuries
- Proof of financial losses, such as medical bills and lost wages
Do I Need a Personal Injury Lawyer?
Civil cases for violence victims can be tricky, especially if liability is shared between various entities (perpetrator, property owners, etc.) To ensure that your claim is handled properly, you’ll want an experienced accident injury attorney on your side. They can help you gather the right evidence to establish liability, get recorded witness statements, and compile the right documents showing the damages you have suffered as a result of the violent act.
A good personal injury attorney can ensure that you meet all filing deadlines and stay within the timelines of the statute of limitations. And if the opposing party’s insurance company offers you a settlement, they can help you know if it’s a fair offer or if you should hold out for more. If you can’t reach an acceptable agreement out of court, they can represent your case in court.
If you were injured in a violent act at a sporting event in Nevada, talk to one of our Las Vegas accident injury lawyers. No amount of money can erase the trauma of being a victim of violence. However, holding negligent parties accountable can provide a sense of justice. It can also remove the financial burdens of your injuries so that you can focus on moving forward—not looking backward—after the trauma of the assault.