Fans of professional sports have much to choose from in Southern Ontario.
When it comes to team sports, we have the National Hockey League, Major League Baseball, the National Basketball Association, the Canadian Football League, Major League Soccer, the Professional Women's Hockey League, the National Lacrosse League and, starting next year, the Women's National Basketball Association. For fans of the National Football League, the Buffalo Bills are an easy drive away.
Sports fans can also enjoy watching such individual professional sporting endeavors as tennis, golf and auto racing. Toronto has also been the site of many major international events, such as the Pan American Games and the World Junior Hockey Championships. Next year, Toronto will play cohost to the FIFA World Cup.
A night at the ballpark or the hockey arena gives us the chance to socialize and provides entertainment and excitement, as well as a unique perspective of a sporting activity that is far different than watching on television. It is a chance to bond with other sports fans, providing a welcome escape from everyday life.
But what happens if you get hurt while taking in your favourite team? Will you be able to seek compensation if an injury leaves you unable to work and pay your bills? What happens if you need costly physiotherapy?
If someone else's negligence led to you facing an uncertain future you may have many questions and concerns. At Gluckstein Lawyers, we are committed to making life better for people who have suffered through no fault of their own.
Watching Sports May Be Good for You but Beware.
Although we may not realize the psychological benefits of attending a live sporting event (especially if your team loses), watching your favourite team in person can be good for you. In fact, according to CTV News, a 2023 study suggests going to a ball game may help increase life satisfaction.
CTV reported that Anglia Ruskin University's School of Psychology and Sport Science analyzed data from 7,209 adults, aged 16-85, to examine the benefits of attending a live sporting event. The research revealed "that attending live sporting events results in higher scores of two major measurements of subjective wellbeing - life satisfaction and a sense of "life being worthwhile" - as well as lower levels of loneliness."
Having tickets to a professional sporting event can be exciting but there are also risks involved, no matter how small. Thousands of people across North America suffer from some sort of injury at a game, although most are minor. However, serious injury and death has occurred.
In August 2019 a San Diego Padres batter fouled back a pitch during a game against the Los Angeles Dodgers. The ball flew above the protective netting and struck a 79-year-old grandmother in the head. She died days later.
In July 2021, a man was killed and two were injured after a race car lost control at Georgia's Hartwell Speedway and hit spectators in the pit area.
In March 2002, a 13-year-old girl was struck by a deflected slapshot while attending a Columbus Blue Jackets game in Ohio. She died two days later after an injury to an artery in her neck caused internal bleeding.
Just this year, a man fell over a 21-foot-high wall onto the PNC Park in Pittsburgh. The 20-year-old was rushed to hospital in critical condition. He has recovered but says he is in pain "every day."
Some were not as lucky. In July 2011, a man fell head first out of the stands at Texas's Arlington Stadium while trying to catch a ball tossed toward him by a player. He landed on the concrete 20 feet below and was later pronounced dead at hospital.
You Assume Risk When Attending a Game.
Over the years, sports organizations have taken steps to protect fans from harm. Following the death of the teen in Columbus, for example, the NHL ordered the installation of protective safety netting and mandated the height of the glass around the rink be raised to a minimum of five feet.
To cut down on injuries caused by foul balls, Major League Baseball encouraged teams in 2015 to extend netting or screens to run dugout-to-dugout behind home plate. Since 2018, all 30 teams have had netting that reached the far ends of each dugout.
Interestingly, Japan's Tokyo Dome has protective netting that extends to the foul poles. However, there is a special section extending out to the foul territory called Excite Seats. This section is not protected by netting and each spectator is supplied with a batting helmet and baseball glove for the game.
Teams will also post signs, discouraging distractions, such as cellphone use, while teams are playing.
Of course, signs, higher glass and safety netting is not a 100 per cent guarantee of protection against flying pucks or baseballs. Accidents can still happen.
The Assumption of Risk.
When you purchase a ticket to a sporting event you agree to certain terms and conditions in exchange for the right to attend. Tickets typically include fine print that basically says you will not hold the organization liable for injuries or damage that may occur while you attend the event.
It is not an unreasonable request if the event organizers have taken steps to ensure spectators are safe. You have a duty to protect yourself, which means not doing something reckless that could lead to harm or endanger you or someone else.
If you are going to a baseball game, for instance, you can expect to see some foul balls. It is a risk ordinarily associated with the game.
However, the assumption of risk does not excuse a sport's organization from liability if there was evidence that they did not exercise reasonable care in keeping the premises safe. If the safeguards meant to protect spectators are shoddy and someone is hurt, they may be entitled to seek compensation for their injuries.
Under Ontario's Occupiers' Liability Act, those controlling a property must do what is reasonable to ensure that all visitors are safe. The Act applies to any occupier of a property, including those who own sports stadiums.
It is important to note that the legislation mandates that the duty of care is reasonableness but not perfection. The standard of care is based on foreseeable risk.
To make a successful personal injury claim, you must establish that your injury was caused by the occupier's failure to take reasonable care to ensure that conditions while the person was on the property, were satisfactory.
We Are Here for You.
The law is complex and every case is different. An injury at a sporting event could result from the negligent or intentional conduct of another person or entity, unsafe property or defective products. That is why you should seek legal advice to determine your next step.
You typically have two years in Ontario to file a lawsuit for a personal injury claim so it is in your best interest to contact a toronto personal injury lawyer early to ensure that proper steps are taken and that deadlines are not missed.
At Gluckstein Lawyers, your initial meeting is free and without obligation we would be happy to offer you a free consultation. We never charge you legal fees until your claim is settled. Contact us today to see how we can help you get the compensation you deserve.