Liability Of Event Organizers

What Is Premises Liability? 

A subset of personal injury law, premises liability law oversees injuries sustained while on the property of another. Premises liability laws ensure that a property holder is held responsible for any injuries sustained by visitors on their property.

Premises liability can include:

• Hotel injuries
• Casino injuries
• Airbnb injuries
• Airport injuries
• Event injuries

Premises liability also includes dog bites and slip, trip, and fall accidents. 

Understanding Premises Liability In Event Injury Cases

To have a successful premises liability claim, the victim must establish negligence on behalf of the property owner, property manager, or event organizer. Like any other personal injury claim, there are four elements of negligence that must be established under premises liability. 

The four elements of negligence are as follows: 

1. Duty: Property owners have a duty to keep their premises safe for others under premises liability law. Proof that a dangerous condition was present on the premises is sufficient to satisfy this element.
2. Breach of duty: The property owner should have been aware of the hazard, and failing to remedy the hazard before a guest could become injured constitutes a breach of their duty as a property owner. 
3. Causation: To prove this third element, there must be evidence that an accident happened and was a direct result of the hazardous conditions of the property that the owner failed to correct. 
4. Damages: In order to satisfy this final element of negligence, there must be proof that the victim sustained a personal injury and/or other damages as a direct result of the accident.

Common Injuries At Public Events And Festivals

Different types of injuries could occur at public events and festivals, including:

• Broken bones from trampling
• Broken bones from slips, trips, and falls
• Head injuries
• Sprains and strains
• Food poisoning
• Heatstroke
• Cuts and lacerations
• Spinal injuries

There are plenty of ways for patrons to become injured while at any event, whether it be a professional sporting event, a musical event, or some other large gathering. Some of the most common causes of patron injuries at events include:

• Over-serving alcohol to patrons
• Fan violence
• Weather-related hazards
• Fires 
• Electrical hazards
• Being hit by objects at sporting events
• Falling stage equipment and lighting
• Equipment failure
• Inadequate security/crowd control measures

These are just some of the more common causes of event injuries. Therefore, it’s important to discuss the facts of your case as soon as possible with one of our event liability injury attorneys. We can help determine whether your injury directly resulted from a property owner’s negligence and whether you are entitled to compensation. 

What Is Event Liability Insurance, And Why Is It Important?

Event liability insurance is a special type of liability insurance that event organizers and property owners can obtain to help protect themselves should accidents and injuries occur at their venue. The insurance also protects the organizer should the venue’s property get damaged. 

It is important because it helps protect the event organizer and property owners from having to pay out settlements directly for event injuries when they are found to have been liable. Instead, anyone injured at the event, for which the event organizer or property owner is responsible, file event injury claims against their insurance policy.  

Common Challenges In Event Liability Insurance Claims

Some of the common challenges you can face when filing an event liability insurance claim include:

• Gathering evidence: You need sufficient evidence to support your injury claim and demonstrate that the event organizer, property owner, or another third party is responsible for your injuries.
• Proving negligence: You have to establish that the responsible party failed to provide a duty of care, breached that duty, and, as a result, you sustained injuries and actual financial losses.
• Identifying those responsible: You need to know who to file your injury claim against, whether the property owner, event organizer, or someone else is responsible. 
• Contractual responsibilities: You need to know if there were any contractual clauses or other such information for the event or festival that could limit who you could sue for your injuries. 
• Insurance coverage caps: The amount of liability insurance the property owner or event organizer has could be capped. If your damages exceed that, you will have to take further legal action by suing the responsible party directly. 

Why You Need An Event Injury Attorney For Your Case

You need an event injury attorney for your case for several reasons:

• They understand and have expertise in premises liability laws and event injury claims.
• They help gather the necessary evidence to establish your claim and prove negligence.
• They know which party or parties to seek damages from.
• They know how to negotiate with insurance companies to ensure you receive the compensation you deserve.
• They can assess the full extent of your injuries and any potential future impacts they could have.

It is vital to remember that insurance companies have access to their own lawyers, who instruct them on how to use various tactics to reduce or even deny claims. Without your own event liability injury attorney, you could find yourself in an unfavorable situation where your settlement is not what you deserve but rather the least amount the insurance company wants to offer. 

Even if you are unsure whether you need a lawyer, it never hurts to schedule a free case evaluation and consultation. Our free consultations help you find out your legal rights, obtain a proper valuation for your injuries, and discuss your different options for how best to proceed.

Can Liability Insurance Protect Event Organizers From Lawsuits?

Liability insurance provides protection to event organizers in the event of injury-causing accidents when they are negligent. However, it does not prevent them from lawsuits. Generally, with these types of injury cases, the responsible party or parties are listed in the lawsuit along with their insurance company. 

Once a compensation claim has been made, your premises liability attorney negotiates with the insurance company to reach a favorable settlement. In cases where you are entitled to more compensation than what is available from the insurance company, then your lawyer will take the appropriate steps to sue the event organizer or other responsible party for the difference. 

Steps Event Organizers Can Take To Prevent Injuries

There are specific steps event organizers can take to help reduce the risk of and prevent injuries, including:

• Ensure they are familiar with any potential hazards or dangers at the venue.
• Perform a detailed risk assessment of the venue.
• Work with the property owner to ensure the venue is made reasonably safe.
• Hire sufficient security for proper crowd control.
• Use security scanners and check bags to keep out weapons and prohibited items.
• Limit the number of attendees not to exceed fire code limits.
• Provide clear signage about any potential hazards or dangers.
• Ensure areas like stairwells, parking garages, and parking lots are well-lit.
• Limit the number of alcoholic drinks patrons can purchase at a time.
• Do not serve alcohol to anyone clearly intoxicated.
• Verify the staff has been properly trained.
• Ensure any equipment, lighting, stages, or other such temporary structures are installed correctly.
• Have a plan in place for outdoor events in case of inclement weather.
• Purchase sufficient event liability insurance.
• Verify the property owner of the venue also has liability insurance.
• Verify there is access to first-aid kits onsite or hire EMTs to work the event.
• Conduct a detailed walkthrough before opening the venue to the public for multi-day events to verify that no hazards or dangers need to be addressed.

Even when event organizers follow these steps, they cannot account for every situation where injury-causing accidents could occur. However, it is vital that they respond and take steps to treat those injured, prevent others from becoming injured, and document each injury. 

What Should You Do Following An Injury From Attending An Event? 

While the first thing you should do following an event-related injury is to seek professional medical attention, the next thing you should do once you are medically capable is to contact an experienced premises liability attorney. Event planner liability and sports event injury lawsuits are issues our Las Vegas personal injury attorneys take very seriously here at the law offices of Adam S. Kutner. 

Once you’ve discussed your claim with an event injury lawyer in Las Vegas, you’ll have a good sense of whether you have a viable lawsuit to pursue. Be aware that putting off seeking legal counsel can be detrimental to your claim, as you may be unable to collect the maximum compensation due to a lapse in time, or you may be barred from bringing your case altogether due to the statute of limitations. 

FAQ

Who Is Liable For Your Injuries At A Public Event? 

Usually, under premises liability law, the property owner is the one found liable for any injuries sustained by event-goers. Once you’ve retained a personal injury attorney in Las Vegas to assess your claim, you will be able to determine whether the property owner can, in fact, be held liable for your particular injuries. 

Can You Be Compensated For Your Event-Related Injuries? 

Yes, injuries sustained while on another’s property fall within the personal injury law umbrella. As such, you can be compensated for any injuries you have sustained during the event you attended. 

What Kind Of Compensation Is Available For Injuries At Events? 

Usually, the victim of a personal injury claim is entitled to seek compensation for both economic and non-economic damages. As the name indicates, “economic damages” include any damages with a measurable monetary value, including lost wages and medical bills. 

On the other hand, non-economic damages are also what the name sounds like. These damages include anything not typically measured by a monetary value, including pain and suffering, mental anguish, or loss of enjoyment of life. 

Our experienced personal injury attorneys in Las Vegas can help you understand the differences between these types of damages and guide you through determining which damages you may be entitled to.