If you were injured at Wrigley Field, Soldier Field, or the United Center, you may be entitled to compensation under the Illinois Premises Liability Act. This law requires venue owners to protect visitors from unreasonable dangers they know about or should have discovered. Spectators at sporting events are considered "invitees," a class of visitor owed the highest duty of care by property owners.
However, securing compensation is not straightforward. The venue’s lawyers and insurance company will likely investigate your claim to minimize their payout. They may argue that you "assumed the risk" of injury just by attending the event, or that your own actions contributed to the accident under Illinois's comparative fault rules.
If you have questions about an injury you or someone you know suffered at a Chicago sporting event, we’re available to answer them. Call Abels & Annes, P.C. for a free consultation at (312) 924-7575.
What Makes a Sports Venue Legally Responsible for an Injury?
The Legal Standard in Illinois: A Venue's "Duty of Care"
Companies that own and operate these massive venues have a legal duty to keep the property in a reasonably safe condition for the thousands of fans who attend. This duty of "reasonable care" applies to all entrants except trespassers.
This means they must actively look for and fix hazards that could foreseeably cause an injury. The law holds them responsible for unsafe conditions they knew about or should have discovered through reasonable diligence.
What Does "Reasonable Care" Mean at a Stadium?
At a major sports venue, reasonable care is a very high standard. When there is a discrepancy in these standards, the venue owner could be held liable for the resulting harm. It involves several layers of responsibility:
- Proper Maintenance: This includes routine inspections of railings, stairs, escalators, and walkways to identify and repair issues like broken concrete, loose handrails, or malfunctioning equipment before someone gets hurt.
- Adequate Security: Employing and training enough security personnel to manage large crowds, de-escalate potential conflicts, and respond effectively to fights or other violent acts.
- Safe Operational Procedures: Having clear protocols for cleaning up spills promptly, managing the flow of people in concourses and at gates, and ensuring all areas are properly lit.
- Code Compliance: Following all public safety regulations outlined in the Chicago Municipal Code for large public assembly venues.
Common Accidents at Chicago Venues & Where Responsibility Lies
Slips, Trips, and Falls: The Most Frequent Danger
Examples: Slick floors from spilled drinks or food in the concourse, cracked pavement in the stands, poorly lit stairwells causing a misstep, or water pooling in restrooms are common causes of injury.
These cases often depend on "notice." We investigate whether the venue staff knew about the specific hazard (actual notice) or if the hazard existed long enough that they should have known about it (constructive notice). For instance, if a spill happens and someone falls moments later, it may be difficult to hold the venue liable. However, if a broken handrail has been loose for weeks, the venue has had ample opportunities to discover and fix it.
Crowd-Related Injuries and Inadequate Security
Examples: Being shoved by an aggressive fan, getting pushed down a flight of stairs during a post-game rush, or being assaulted in a part of the stadium with no visible security presence.
Was the incident foreseeable? A history of fights between rival fans or a lack of crowd-control might suggest that the venue was negligent in its security planning and failed to provide adequate protection for its patrons.
Injuries From Objects or Structural Failures
Examples: Being hit by a piece of falling concrete, a poorly secured sign, or a railing giving way under pressure.
These incidents sometimes point directly to negligent maintenance and a failure to properly inspect the venue's structural integrity. The owners of Wrigley Field, the United Center, and Soldier Field have all undertaken massive renovation projects, but older parts of these structures may still pose risks if not properly maintained.
Accidents Outside the Gates: Parking Lots and Walkways
Examples: Tripping on a broken curb in the official parking lot, being struck by a vehicle in a poorly managed crosswalk, or being assaulted in an unlit area on venue property.
The venue's duty of care extends to the property they control, including parking facilities and surrounding walkways. Both the United Center and Wrigley Field have expanded their footprints to include surrounding development, broadening their area of responsibility. Ensuring safe passage for fans arriving and leaving is a key part of their legal duty.
The "Assumption of Risk" Defense: Does It Block Your Claim?
You’ll see venue owners commonly argue that by attending a sporting event, you voluntarily accept the risks involved. Here’s why that argument isn’t as bullet-proof as they might think.
What Risks You Actually "Assume"
This defense typically applies only to dangers that are inherent and well-known to the sport itself.
For example, the risk of being hit by a foul ball while sitting in the stands at a Cubs or White Sox game. This is a widely understood part of baseball, and, in fact, Illinois has even codified this into law with the Baseball Facility Liability Act.
What Risks Are NOT Assumed
You do not assume the risk of a venue’s own negligence. The law does not give property owners a free pass to ignore dangerous conditions just because a game is happening.
While you might assume the risk of a foul ball, you do not assume the risk that the protective netting behind a home plate will collapse because it was improperly maintained. You do not assume the risk of slipping on a wet floor on the way to the concession stand. You do not assume the risk of a railing giving way or tripping on a broken step.
The core of your case lies in separating the normal, inherent risks of the sport from the abnormal risks created by the venue's carelessness. An experienced attorney will help make this key distinction.
What if You Were Partially at Fault? Illinois's "Comparative Fault" Rule Explained
Many people blame themselves after an accident, thinking "I should have been watching where I was going." This feeling is normal, but it doesn't automatically prevent you from having a case.
Explaining the 51% Bar Rule
Illinois follows a "modified comparative negligence" rule. This statute states that you are able to recover damages as long as you are determined to be 50% or less at fault for the accident. If you are found to be 51% or more at fault, you cannot recover anything. This is why it is so important not to let an insurance adjuster unfairly shift blame onto you.
Here's What to Do Next
1. Document Your Injuries and Continue Medical Treatment
Seeing a doctor creates a record of your injuries and connects them to the date of the incident. Delays in treatment give the venue’s insurance company an opening to argue your injuries are not serious or were caused by something else. This is particularly important for injuries like concussions, where symptoms of post-concussion syndrome may develop over time.
2. Preserve All Evidence of Your Attendance and the Incident
- Tickets and Receipts: Save your ticket stubs (physical or digital), parking passes, and any bank statements showing purchases made at the venue. This is indisputable proof you were there.
- Photos and Videos: Keep any photos or videos you or your friends took that day. Even if they don't show the accident, they could help establish the conditions at the venue.
- The Clothes You Were Wearing: Place the shoes and clothing you wore in a sealed bag. They could contain evidence (like a substance you slipped on) that may be useful later.
3. Write Down Everything You Can Remember
Your memory is sharpest right after an event. Write down a detailed account of what happened while it is still fresh in your mind.
Include the exact location, the time of day, lighting conditions, what you were doing, the names of anyone you were with, and contact information for any witnesses. Describe the pain you felt and how it has progressed since the incident.
4. Be Careful When Speaking with the Venue or Its Insurer
You may need to file an initial incident report with the venue. However, do not give a recorded statement, sign any documents, or accept any offers without first speaking to a lawyer. Their goal is to protect their own interests, not yours. Any statement may be used to assign fault to you or minimize the value of your claim.
What a Successful Claim Can Cover: Understanding Damages
Economic Damages (The Tangible Financial Losses)
- Medical Bills: All costs for treatment you have already received and are expected to need in the future, from emergency room visits to physical therapy and prescriptions.
- Lost Wages: Compensation for the work and income you have lost while recovering.
- Loss of Future Earning Capacity: If the injury prevents you from returning to your job or diminishes your ability to earn a living in the long term.
Non-Economic Damages (The Human Toll)
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Loss of a Normal Life: Acknowledges how the injury has limited your ability to engage in and enjoy daily activities, hobbies, and relationships.
- Disfigurement or Disability: Compensation for permanent scarring or physical limitations that alter your appearance or ability to function.
Questions We Often Hear After a Chicago Sports Venue Injury
How long do I have to file a lawsuit in Illinois?
For most personal injury cases, the statute of limitations in Illinois is two years from the date of the incident. However, if the at-fault party is a government entity, for example, Soldier Field is owned by the Chicago Park District (a public body), you must provide a formal notice of your intent to sue within just one year. Missing these deadlines will bar your claim entirely, no matter how strong it is.
What if I don't know exactly what caused my fall?
This is common. You may have fallen so quickly that you didn't see the hazard. Part of our work is to investigate the incident, which could involve securing surveillance footage, reviewing maintenance logs, and identifying witnesses to determine the cause. Don’t assume that you don’t have a case—the responsibility for investigating and proving the cause of your injury should be handled by a legal professional.
Will I definitely have to go to court?
The majority of personal injury claims are resolved through a negotiated settlement with the insurance company. We prepare every case as if it will go to trial, as this positions us to negotiate from a position of strength. A lawsuit is only filed if a fair settlement cannot be reached, and even then, most cases settle before a trial becomes necessary.
The venue’s insurance adjuster offered me a quick payment. Should I take it?
It is generally not in your best interest to accept an early offer. These initial offers are typically low and are made before the full extent of your injuries and future medical needs are known. Once you accept a settlement, you forfeit your right to seek any further compensation for that incident. It's wise to understand the full potential value of your claim before making any decisions you could regret later.
How much does it cost to hire a personal injury lawyer?
At Abels & Annes, P.C., we handle these cases on a contingency fee basis. This means we only get paid if we successfully recover compensation for you through a settlement or verdict. Your initial consultation with us is always free, so there is no financial risk to you to learn about your options.
Let Us Handle the Legal Details While You Heal
An injury at a place that should have been fun could leave you feeling frustrated and uncertain. The law provides a path for you to hold a negligent venue accountable and secure the resources needed for your recovery.
Call Abels & Annes, P.C. today at (312) 924-7575 for a free, no-obligation discussion about your legal rights.
David Abels
Partner
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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