By Edwin A. Machuca, ESQ
It is safe to assume that of the millions of people who attend a live sporting event during the course of a year that most, if not all of them, are looking to have a good time cheering for their favorite team. However, some fans choose to enjoy themselves in a manner that can be detrimental and at times dangerous for others in attendance. There are several key factors that play a role in fueling such unruly behavior. Excessive consumption of alcohol is usually a prime culprit, so are testosterone fueled displays of rage, but mostly a lack of civility is what usually contributes to such degenerative behavior. Rudeness and crassness are not always the result of too much alcohol —- in other words, some people can act despicably without being inebriated.
Fan safety is a major concern not just for the major professional sports leagues, but also for the NCAA, independent sports leagues, and even for youth sports leagues. After all, an enjoyable and safe fan experience is a critical element necessary for the overall success of the sports industry. Despite the importance of fan safety at sporting events, a number of serious incidents involving fans has garnered national media attention and highlighted the need to revisit safety measures and security at our nation’s sporting venues. One of these incidents is the tragic case of Brian Stow, the San Francisco Giants fan who was nearly beaten to death at Dodger Stadium in 2011 by a group of alleged Dodgers fans. Fortunately for Mr. Stow he survived the attack, and there have been arrests made in the case, but following a lengthy coma, Mr. Stow will need physical assistance for the rest of his life. Moreover, there have been a number of other incidents involving fans who have died from injuries sustained from falls at Rangers Ballpark in Arlington, Reliant Stadium and Citi Field to name a few. The disturbing trend of fan injuries and in some cases, fan deaths, begs the question: is enough being done to protect the fans from themselves and from other external factors?
It is important to note that despite the increased number of fan incidents, for the most part, the number of injuries and/or deaths is relatively low in comparison to the number of fans who actually attend these events. Notwithstanding the foregoing fact, fan safety is an issue that must be addressed and handled more effectively. Security at a sporting event, as with any large gathering of people, is a massive and complex undertaking that requires involvement from the local police, private stadium security personnel, and depending on the event and the attendees, even the military. However, security personnel needs to be strategically deployed throughout the venue, which means that at times throughout the course of the event, some areas of the venue will go unattended. Also one cannot forget that security must also be outside of the venue protecting the immediate surrounding areas such as the streets, sidewalks, local establishments and parking lots.
The Property Manager and Risk Management
Employing an effective property manager is an important first step in ensuring that a venue is well run and safe for the fans. A sports stadium or any other large venue poses unique challenges in terms of its size, utility and security. Effectively managing the venue includes ensuring the safety of its occupants. First, a property manager should develop a risk assessment analysis of the venue in order to address any safety concerns, such as: low-lying stadium railings that can lead to fans falling over, proper maintenance and operation of escalators, safety exits, stair cases, corridors and other common areas. Second, a property manager should be knowledgeable as to the various vendors it will contract to provide services to the stadium. These services include ushers, custodial engineers, food service providers and most important, security personnel. Third, a property manager should closely work with facilities management personnel and legal counsel to ensure that the venue is properly insured against all types of liability.
An efficiently and effectively operated venue will reduce safety concerns for its occupants, while also reducing the risks faced by stadium operators for the injury or death of one of its patrons. Nevertheless, the legal rights of individuals injured in a sporting event are extremely limited because purchasing a ticket to a particular event only grants that individual with a license to be in attendance in the venue for the specific purpose of viewing the particular event. Moreover, teams expressly waive any liability it may have in connection with injury or death, which makes it that much more difficult for a fan to have a sustainable legal remedy against a team or the stadium operator. Teams are generally insured against any liability arising for venue related injuries and typically, in these cases the law is on the side of the teams as far as finding fault on the team’s part. However, teams and their real estate management personnel should be doing much more to ensure that the fan experience is a safe and secure one for everyone in attendance. Aside from hiring effective property managers, teams should also invest in better security, and also consider placing further limitations on alcohol consumption or at the very least, be more vigilant about monitoring the restrictions already in place.
Edwin A. Machuca is senior counsel at CBRE (www.cbre.com), a global leader in real estate services. He can be reached at edwin.machuca@cbre.com
