The Dangers of Tailgating at Sports Events
For many, football games and other sporting events are times to get together and celebrate with friends. While tailgating can be a fun tradition, close quarters with strangers and alcohol can turn into a disaster. Car Accidents and fights can lead to injuries or even death. Last year, arrests were made after a brawl between fans of the San Diego Chargers and Dallas Cowboys at the Qualcomm Stadium resulted in two people being hit over the head with beer bottles. The scrum began as a verbal altercation.
Four entities are commonly charged for tailgating damages:
- Stadium owners. Since many injuries occur on stadium property, owners can be accused under a theory of premises liability. When someone enters the property of another, he or she assumes a reasonable expectation to not be injured. Even though injuries are caused by fighting fans, stadium owners can be held responsible for lack of proper security.
- Schools. Universities can be prosecuted; this is another location where football games occur and premises liability is a factor.
- Students. Drunken scholars can be a liability; especially when universities are lax with the application of underage drinking laws. Schools are also responsible for the safety of their students, even if they need to be protected from themselves.
- Social clubs. Fraternities and sororities often host tailgating parties, making them accountable under social host liability laws for injuries that occur. These measures are enacted by states to hold hosts responsible for alcohol-related injuries caused by drinking at their events.
Social Liability Laws
Social host liability laws apply to anyone who is allowed to drink excessively at a social event. Unmonitored consumption can result in injury or death. Liability occurs when the host recognizes that his or her guest is intoxicated and allows the guest to continue drinking.
Even in cases where an individual causes harm, the entire club he or she represents may be sued. In 2011, a member of a Yale fraternity hit three tailgaters, killing one, while driving a U-Haul carrying beer kegs. Eighty-six members of the local fraternity were sued in a multi-million dollar lawsuit.
Tailgaters need to be aware of the situations in which they can be arrested and possibly sued for assault and battery. While these events are often a time when alcohol flows freely, one needs to aware of the risk of driving related injuries.
Tailgating Safety
Take steps to ensure safety while tailgating. Due to the potential rowdiness associated with these events, fans should refrain from bringing glass and drink from cans instead of bottles. Not only does this eliminate a potential weapon during an altercation, but it reduces accidental injuries.
If a personal injury occurs while tailgating, the damaged party should consult an attorney to consider the best actions for the case.