Staples Center Arena faces massive lawsuit after toddler plunges to his death
Staples Center Arena was slapped with a lawsuit today stemming from an incident in which toddler fell from a luxury box following a 2010 Laker's match-up. In the wrongful death action, the child's family is seeking compensation from the owner of the Staples Center, Anshutz Entertainment Group (AEG). The pleadings also name L.A. Arena Company as a co-defendant as it manages and operates the arena.
The facts surrounding the tragedy involved a family outing to a Los Angeles Lakers game during the 2010 season. The family was seated in the luxury box area of the indoor stadium and was taking pictures after the game ended. Immediately after the family took a series of pictures in front of the two-foot high plexi-glass barrier at the front of the box, the toddler managed to crawl up and over the glass. From there, he tragically plummeted thirty feet into the general seating areas below. The child was quickly rushed to a nearby hospital and died hours later.
Lawsuits against stadiums are quite common as fans are injured across all sports genres. Baseball fans typically sue ballparks for injuries sustained as a result of being pelted by a foul ball. Football fans have been known to hold stadium security responsible for injuries from unruly or intoxicated fans. While the law is clear that stadiums owe fans and patrons some level of reasonable care and safety during a sporting event, cases vary widely and the likelihood of recovery is typically very fact-driven.
In this case, plaintiffs are contending that two feet is simply too short for a plexi-glass barrier protecting fans from a thirty-foot drop. Further, plaintiffs argue that the stadium had a duty to warn those sitting in the luxury box area of the dangerous conditions associated with the barrier- specifically that it carried a strong likelihood of potential injury for any spectator who falls over the edge. Plaintiffs' pleadings assert that the stadium owed the toddler and his family warning signs, oral statements or employee warnings about the dangerous conditions. In addition, the plaintiff alleges that the Staples Arena Center sought to make more money from luxury boxes at the expense of loosening up on prudent and careful security measures. Simply put, plaintiffs believe a barrier any higher would infringe upon spectators' enjoyment of the game.
The Staples Center has been in operation since 2001. In ten years, the facility reports no fatalities of any kind. However, California law takes claims of premises liability very seriously and will review a wrongful death claim such as this with a watchful eye. In general, an establishment in place to procure business transactions and deals with the public or private individuals has a duty to ensure that all reasonable precautionary measures are taken to ensure the safety of those on the property. Those on the property of another for purposes of business are known as "invitees" and property owners are required to inspect the premises for danger.
While the co-defendants in this case have yet to comment, it is likely that they will raise the common defense of assumption of the risk. This type of defense is often evoked in lawsuits dealing with sports arenas. Attendees of sporting venues are thought to assume the risk of injury associated with ordinary characteristics of live sports. For instance, baseball fans assume the risk of being hit by a foul ball while hockey fans should prepare for pucks to fly. However, stadiums are not protected from liability for injuries sustained that are not within the purview of ordinary sports patronage.
The outcome of this wrongful death lawsuit will undoubtedly hinge on whether the family assumed the risk of injury while attending a professional basketball game in the luxury seating area. As aforementioned, lawsuits of this kind are extremely fact-driven and often depend on the slightest details of each individual case.