By Prof. Gil Fried, University of West Florida
Florida Marlins fan Luann Hahn claims she slipped on dog urine in an area of the stadium, which was not designated for dogs during a game on April 14, 2024. Hahn’s lawsuit could fail as records of the Marlins’ schedule do not show that a “Bark at the Park” event took place on the date she claims the incident took place. It could be that the liquid came from a service dog or maybe a police dog, but she will have a high hill to climb that the venue was on notice. Furthermore, there are numerous liquids that arise suddenly at a ballpark. Beer, water, and soda are spilled all the time. Likewise, condiments and other food items regularly end up on the floor and can be a tripping hazard. That is where the defense can examine the shoes she was wearing, if she had anything to drink, what was she doing while she was walking, etc.
If this was an actual event for dogs to come to the ballpark, then that could lead to other issues/considerations. These special events are happening more frequently, and it does not surprise me when people have sued for injuries from flying t-shirts, hot dogs, dizzy bat races, assaults from mascots, and numerous other challenges. That is why many teams and stadiums require individuals to execute a waiver.
Part of the Marlin’s waiver for their Bark at the Park events states “you must execute this release and agree to its terms in order to enter LoanDepot Park and the surrounding area (The ‘ballpark’).”
It further proves: “I further assume any and all risks associated with my participation in the Event, including, but not limited to: Illness, traveling to and from the Event, falls, contact with spectators at the Event, injuries or damages including death sustained by and through other participant dogs.”
While this suit has all the markings of a possible frivolous suit, that does not mean that we cannot learn from these claims. Whenever you open your venue to a small city for several hours you will get all sorts of issues, and it is impossible to make a venue 100% safe. A venue that is on notice of a possible risk needs a reasonable amount of time to address a new issue and fans need to cognizant of their surroundings and cannot expect protection from every incident that might arise. It is a fine line, but the more we educate fans to be proactive to their own safety the better.
