Baseball fans in California may remember a certain 2015 playoff game between the Dodgers and the Mets. While the Mets ultimately prevailed over the Dodgers, most people could agree that a fair game was played, and Dodgers fans ultimately looked forward to the next season in hopes of a victory therein. However, one Dodgers fan was seriously injured in a physical altercation after a 2015 playoff game and decided to pursue a legal claim against the Dodgers and the people he says attacked him.
The man, who suffered a traumatic brain injury after allegedly being attacked outside Dodger Stadium in 2015, has had his premises liability lawsuit sent to mediation. The judge in his case also set a date for a post-mediation status conference, as well as a trial date should the claim not be resolved through mediation. The lawsuit was filed in September of 2017, and named Los Angeles Dodgers LLC, and two other individuals as defendants. The claim alleges premises liability, among other torts. The man is seeking compensatory and punitive damages.
The Dodgers claim the man was drunk when he attacked a 52-year-old woman in the parking lot of Dodger Stadium. According to court papers, the defendants claim the woman's son came to her defense and struck the man. The force of the blow caused the man to fall and hit his head on the ground.
However, the man claims that the defendants shouted vulgar language at him, attacked him and continued to beat him even after he fell to the ground and lost consciousness. He claims that the parking lot was not well-lit and that security personnel for the stadium did not respond to the beating for several minutes, even though the beating took place in close proximity to the stadium gates.
This case shows that premises liability claims can be brought due to inadequate lighting and inadequate security. Large venues where many people gather together need to have proper security measures in place, especially if alcohol is served. Making sure the premises are adequately lit and that security personnel are available to respond when necessary is the responsibility of the venue. However, premises liability claims have certain elements that must be proven by a preponderance of the evidence for a claimant to be successful.