By Scott A. Andresen, Andresen & Associates, P.C.
It’s almost as ubiquitous as it is irritating that trips to the local sporting venue are sullied when a nearby spectator figuratively becomes a pain in the neck when exhibiting an alcohol-induced lack of manners and decorum. For one fan at last year’s May 23rd Chicago Blackhawks playoff victory over the Anaheim Ducks, the pain went from figurative to literal when an allegedly over-served fan failed in his attempt to defy the laws of gravity.
In a complaint filed on April 7, 2016 in the Circuit Court of Cook County, Illinois,[1] plaintiff John Cook alleged causes of action under the Illinois dram shop statute and for negligence against the Chicago Blackhawks Hockey Club, At Your Service, United Center Joint Venture and Levy Premium Foodservice Limited Partnership. The complaint alleges that, while attending the May 23rd Blackhawks-Ducks game, a fan identified only as “John Doe” “consumed large quantities of alcohol…was loud, boisterous and unruly.” The complaint then goes on to say that, despite the complaints of fellow spectators, arena ushers and security personnel did nothing to remedy the situation…which ultimately lead to Mr. Doe losing his balance while celebrating a Blackhawks goal and falling on the plaintiff who was seated in front of him. The complaint alleged that the plaintiff “suffered injuries of a personal, pecuniary and permanent nature” [though none of these damages was alleged with specificity in the complaint], and sought damages in excess of $100,000.
Illinois Dram Shop Act
Illinois’ dram shop statute, the Illinois Liquor Control Act of 1934,[2] states that commercial establishments are liable for any damages or injuries caused by intoxicated persons, provided a plaintiff can prove that: (1) the establishment sold alcohol to the patron, (2) injuries or damages were, in fact, caused by the patron, (3) the establishment was the proximate cause[3] of the intoxication, and (4) the intoxication was at least one major cause in the complained of injury
Illinois’ dram shop statute is somewhat unique in that there is no requirement that the establishment have knowledge or reason to know that the person was already intoxicated, whereas other states require at least noticing that the person is visibly intoxicated. As such, the Illinois dram shop statute could permit a plaintiff to recover from multiple establishments. Applicable to the present case, if John Doe consumed drinks at multiple establishments in addition to the United Center, John Cook could potentially recover from each establishment if he can satisfy the four requirements set forth above.
Illinois Law on Spectator Injuries
Though Illinois has statutes applicable to spectators injured at hockey and baseball games,[4] neither apply here as the spectator injury was caused by a fellow spectator rather than a baseball or puck leaving the playing area. As such, we look to Illinois common law.
As a general rule, the owner of a business premises has a duty to a business invitee to exercise ordinary care in the use and maintenance of its premises and, further to that end, the owner of the premises has a duty to discover dangerous conditions existing on the premises and to give sufficient warning to the invitee to enable the avoidance of harm.[5] Along these lines, an Illinois court noted that the owners of a sporting venue had a special relationship with their invitees that obliged them to take reasonable action to protect against an unreasonable risk of injury either from the conduct of their agents or the conduct of third persons.[6]
A plaintiff’s claim in Illinois can be barred by the doctrine of assumption of risk when a plaintiff can be shown to have expressly or impliedly assumed the risks inherent in a particular activity or situation. However, it is difficult to believe that any court would find that a spectator at a Blackhawks game assumed the risks of an intoxicated fan unilaterally seeking an impromptu “piggy back ride” after consuming copious amounts of intoxicants—even in the 300 level of a hockey arena.
Conclusion
It is clear that the defendants in this matter jointly or severally owed a duty of care to John Cook and the other spectators at that fateful 2015 Blackhawks-Ducks playoff game. Whether or not the defendants breached this duty to the plaintiff will be borne out in the discovery process and the ferreting out of the particular facts of this matter. Regardless of the outcome of this case, it should serve to place sporting venues on notice that intoxicated fans are not just an annoyance to everyone around them- they are a potential liability that should be dealt with proactively when possible, and swiftly and decisively when reactive measures are called for.
[1] John Cook v. Chicago Blackhawks Hockey Club, At Your Service, LLC, United Center Joint Venture and Levy Premium Foodservice Limited Partnership, Case No. 2016-L-003550, Circuit Court of Cook County, Illinois (April 7, 2016)
[2] 235 ILCS 5/6-21
[3] Proximate cause looks to the ‘foreseeability’ of an outcome (i.e., the ultimate outcome must be a foreseeable result of the defendant’s conduct).
[4] See Illinois’ Hockey Facility Liability Act (745 ILCS 52/1 et seq.) and Baseball Facility Liability Act (745 ILCS 38/1 et seq..
[5] See Duffy v. Midlothian Country Club, 92 Ill. App. 3d 193, 197, 415 N.E.2d 1099, 47 Ill. Dec. 786 (1st Dist. 1980)
[6] See Pickel v. Springfield Stallions, Inc., No. 4-09-0490, 2010 WL 1205959 (4th Dist. March 23, 2010)
