Restrooms Can Represent a Liability Blind Spot

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Sports facility operators have one fundamental duty: to provide a safe environment for athletes who participate in events and the spectators who attend them. While it is important to note that property owners are not the guarantors or insurers of their invitees' safety once they come onto their premises, facility owners are liable for those dangers that are known or that should have been discovered through reasonable inspections. In fact, failure to protect people from known risks is the number-one reason sports and recreation facilities end up in court. A couple of cases that illustrate these points are Patrick Pearson v. Philadelphia Eagles LLC, Case ID# 160800243 and Townsley et al., v. Cincinnati Gardens, Inc., 39 Ohio App. 2d 5 (1974).


Hostile territory
On Dec. 14, 2014, Patrick Pearson attended a football game between the Philadelphia Eagles and the Dallas Cowboys at Lincoln Financial Field (the Link) in Philadelphia. Although Eagles fans have a reputation for bad behavior, especially toward fans of rival teams, Pearson ignored that fact and attended the game wearing a Cowboys jersey. During the game, Eagles fans continuously jeered Pearson. When Pearson went to the restroom, things worsened. While in the restroom, Pearson was attacked by a group of unruly Eagles fans and suffered a fractured ankle that required two surgeries.

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