By Alana C. Newhook, ESQ
Former Houston Texans punter, Brett Hartmann, filed a lawsuit in the State District Court of Harris county, Texas against Harris County Convention & Sports Corporation, the owners of Reliant Stadium, and SMG, the management corporation that operates the stadium. The complaint involves the injuries suffered by Hartmann in the December 4, 2011 game between the Houston Texans and the Atlanta Falcons. Specifically, the complaint contains three causes of action against the owners of Reliant Stadium and the stadium’s management corporation: negligence, negligence under the Texas Tort Claims Act, and vicarious liability.
The complaint alleges that the stadium’s poor field conditions caused him to tear his ACL and fracture his fibula jeopardizing his career in the National Football League. During the December 4, 2011 game, Hartmann caught his foot in the seam of the grass turf while playing against the Atlanta Falcons. According to the complaint, the grass trays used to comprise the grass field in Reliant Stadium had uneven seams creating an unreasonable hazard. It was the uneven seams in the grass trays in which Hartmann caught his foot causing his fall and subsequent knee injuries. The complaint alleges that Hartmann’s injury was “severe and career-threatening” noting that knee injuries are rare amongst punters in the NFL.
The complaint notes that other stadiums in the National Football League use a single tray eliminating any risk that the players on the field will trip or injure themselves on seams. Hartmann alleges that he was an invitee to the stadium and that the defendants had a legal duty to eliminate any unreasonable hazards on the premises. In sum, Hartmann alleges that the defendants had a duty to maintain the field in a reasonably safe condition and their failure to do so caused his knee injuries.