Fan Fall at Ballpark Raises Liability Questions Tied to Alcohol Use

A tragic fall at a Major League Baseball stadium is drawing attention to the complex liability issues that can arise when alcohol is involved at large public venues. A 20-year-old man was critically injured at a Pirates-Cubs game at PNC Park in Pittsburgh, Pennsylvania, on April 30 when he fell headfirst over the 21-foot Clemente Wall and onto the playing field. The incident happened in the seventh inning as the man stood to celebrate a play. He was hospitalized with skull, spine, lung, rib, and brain injuries but has made “remarkable progress,” according to the Pittsburgh Post-Gazette.

Authorities say the man had been drinking before the fall, and his 21-year-old friend is now facing charges for providing alcohol to a minor. The fall was ruled accidental, and the Pirates manager described the incident as “extremely unfortunate,” CBS News reported.

“It is very scary to see something like that happen,” said Will Berarducci, Senior Underwriter, Commercial Insurance, Burns & Wilcox, Pittsburgh, Pennsylvania. “It is a tragic incident, and our thoughts are with his family. Anytime where there is a large crowd, there is the possibility that something could happen — and it could be something terrible. We have seen venues collapse, stages fall, and fans fall out of seats. There is always an increased risk when you are talking about a large group of individuals together in one spot.”

Anytime where there is a large crowd, there is the possibility that something could happen — and it could be something terrible. We have seen venues collapse, stages fall, and fans fall out of seats.

The accident underscores the importance of safety measures at large venues and the role of Commercial General Liability (CGL) Insurance, which can respond to claims or lawsuits over guest injuries, with serious incidents potentially triggering coverage under Excess Liability Insurance after CGL Insurance limits are exhausted. Still, accidents are possible even with strong safety protocols in place, said Derek Federwisch, Underwriter, Commercial Insurance, Burns & Wilcox, Houston, Texas.

“I think this came as a big surprise, especially with how high up the patron was,” Federwisch said. “We have seen fans fall over when standing against the field on lower portions where the rails are not as high. In this case, the railing was 36 inches when building codes only required 26 inches — so it was 10 inches above the regulation. There was no indication of poor crowd control, and there was plenty of signage.”

Alcohol involvement could impact insurance coverage

According to ABC News, the 20-year-old who fell had consumed two beers inside the stadium before the incident. The alcohol was reportedly purchased by his 21-year-old friend, who is now facing charges. While the venue’s CGL Insurance would generally respond to a claim over this type of incident, liquor liability may be excluded, and questions could be raised about the policies in place to prevent underage drinking at the venue.

“Everybody is going to be watching to see how that potentially plays out in court,” Federwisch said. “There was the presence of alcohol, and the man was underage. The alcohol introduces tons more complexity. The insurance policies are usually going to cover incidents resulting from negligence, but if patron misconduct is identified, it could get very complicated.”

Everybody is going to be watching to see how that potentially plays out in court. … The insurance policies are usually going to cover incidents resulting from negligence, but if patron misconduct is identified, it could get very complicated.

The alcohol factor could be “what makes this claim so complex,” Berarducci agreed. “It is really hard to say how the policies would respond. If they feel the cause of the incident was liquor-related, there could be liquor exclusions. If the ballpark was renting out space to another business serving the liquor, that vendor’s Liquor Liability Insurance could respond. The problem lies with who is responsible.”

While a large venue like PNC Park would likely have risk transfers in place to shift certain liabilities to third-party providers through contracts or insurance policies, the incident could highlight any gaps that were previously overlooked. “Once any claims or lawsuits are finalized, they can easily amend their insurance policies and say, ‘This is what we are going to require now,’” Berarducci said. “These types of changes often happen after unfortunate events like this.”

Smaller venues may be at greater risk of uninsured losses, as they could have liquor exclusions that they are not even aware of, he added. Bodily injury claims can also be denied by insurance policies under “contributory negligence exclusions,” Federwisch explained. For example, if an investigation found that an injured individual “failed to act prudently,” it could be considered a contributing factor to the injury and lead to a reduction in liability or complete denial of coverage.

Foul balls, slip-and-falls among other stadium risks

According to a May 7 report by Axios Pittsburgh, the PNC Park incident has led to renewed scrutiny of stadium safety guidelines, with some experts suggesting that more should be done to protect fans from falls — especially as they get rowdier and drink more than they may have when the stadiums were first designed.

Other concerns at sports venues include injuries from foul balls, falling objects, altercations between guests, and general slip-and-fall accidents. In late May, a fan at Dodger Stadium in Los Angeles was reportedly hit with a piece of falling concrete, which prompted the venue to install protective netting, KTLA recently reported. In Colorado, a man who was hit in the eye by a foul ball recently filed a lawsuit against the Colorado Rockies for negligence, claiming the team’s poor performance contributed to his “catastrophic and permanent injuries,” the Denver Post reported May 20.

“A lot of lawsuits come from foul balls,” Federwisch said. “Society today is more inclined to seek legal recourse, and there is a lot of social inflation going on right now. A lot of insurance carriers are starting to reassess their exposures and ask, ‘What is the worst-case scenario that could happen here?’”

Slip-and-fall accidents seem to be the most common type of incident at large event venues, according to Berarducci, and these accidents could be on the rise as guests are increasingly distracted by smartphones. “The risks have definitely increased over the years, as many individuals do not pay as much attention to their surroundings,” he said.

Importance of ‘proactive safety measures’

When a venue is sued over a fan injury, its CGL Insurance can cover costs such as medical bills, lost wages, punitive damages, and more, Berarducci said. “Those are considerations when you are dealing with any type of an injury claim,” he said.

Depending on the injuries, Excess Liability Insurance is often needed to cover costs that exceed standard CGL Insurance limits. The recent PNC Park accident could be “a perfect example of why Excess Liability Insurance is important,” Federwisch said.

“If a venue is found negligent, payouts can be substantial, especially if the injuries are serious and that individual’s life will never be the same. It could be a multi-million-dollar lawsuit if the venue is found liable, so that is where Excess Liability Insurance really comes into play,” he said. “[The incident] highlights the importance of being proactive about safety measures, whether you have a small mom-and-pop restaurant or a big sports venue.”

If a venue is found negligent, payouts can be substantial, especially if the injuries are serious and that individual’s life will never be the same. It could be a multi-million-dollar lawsuit if the venue is found liable, so that is where Excess Liability Insurance really comes into play.

While there are some “inherent risks” when fans visit large venues, “more can always be done to make it as safe as possible,” Berarducci said. “Stadiums need to make sure they are analyzing all of their risks and that anything that could end up being a claim would be covered under their insurance policies,” he said. “They should calculate the monetary value of those risks, too, so that a very large claim would not be financially crippling.” 

Stadiums need to make sure they are analyzing all of their risks and that anything that could end up being a claim would be covered under their insurance policies.