Football Players Are Not the Only Ones That Can Get Hurt

Written By Chris Dolan and Megan Irish

This week’s question comes from a Football fan Trace from Marin County, CA, who asks: My husband and I are ready to watch football. During this season we spend time with family and friends rooting for our NFL teams, our grandkids flag teams and our local high school football team.  Yes, we like football. We’ve got tickets for a game at Levi Stadium ( Seahawks v. 49ers ) and cannot wait for November. We are really looking forward to the game at Levi! With all the excitement in the stands and crowds, what happens if one of us gets hurt at a game? I know I get excited, but I have seen people really get into it and maybe over do it. 

Dear Trace,

It’s that time of year again when we all break out the chips and dip and coolers with all the great snacks, don the jerseys of our favorite players, and tune in for some football. It’s great that you two will go out to support your grandkids with their sports teams! Be sure to put on those school colors. Whether watching live at a stadium after a tailgate lunch, at a sports bar, or from your friend’s couch, it’s a time to cheer for your team! Regardless of where you guys are watching, fans can suffer personal injuries at a game. So, if one of you gets hurt, consider the following:

  • Were you watching the game at a stadium?  If so, who owns the stadium and surrounding land? Sometimes, a governmental entity owns, manages, or controls the local stadium.  If so, you may have a short statute of limitations to bring a claim since it is only six months. 
  • Also, if your stadium or field belonged to the government, did the injury occur because of a dangerous condition on the public property, or did some third party’s actions cause the injury?

To succeed against the government in a personal injury claim from a game time event, you must show a dangerous condition on public property. To prove a dangerous condition, you must show that: 

  • The governmental entity owned and/or controlled the property, 
  • That the property was dangerous at the time of the injury, 
  • That the dangerous condition created a foreseeable risk of the kind of injury that occurred,
  • Either an employee’s conduct created the condition, or the entity knew or should have known about the dangerous conditions and had the opportunity to correct them but failed to do so. You were harmed, and the condition was a substantial factor in causing your harm.  

If you witness an injury, snap some photos of the area where it occurred, as it may be important evidence of the condition of the area. If you are the injured party, ask a friend, family member, or witness to take photographs and share them with you.   

If you were at a sports bar or a friend’s house, you likely have a longer statute of limitations of two years, but you will still need to submit a claim with the proper insurance company promptly. To bring a claim against a sports bar and/or a friend’s homeowners’ policy, it is called a premises liability claim and would require you to show that: 

  • The defendant owned, leased, occupied, or controlled the property, 
  • That the defendant was negligent in the use of the property or its maintenance, 
  • That you were harmed and 
  • That the defendant’s negligence was a substantial factor in causing your harm.  

Regardless, if you or someone you know is injured at a game, seek the appropriate medical care to get better.  

Another concern with the return of football is the increase of people who will drink and drive. According to the statistics the California Department of Motor Vehicles kept, there are over 1,000 DUI-involved fatalities each year in California. There are over 100,000 arrests each year for driving under the influence. With football games being a natural and regular place to partake in alcohol, have a designated driver or alternative way to get home instead of drinking and driving.  

Nonetheless, sharing the fall season with family and friends and a camaraderie for the game is great. Chips, dips, chicken wings, and sweets, and whether you put on red, gold, silver, black, or local high school colors, be safe, cheer loudly, and enjoy the game. 

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Working Outside in High Heat

Written By Chris Dolan and Emile Davis

Today’s question come from Gabriel in Oakland: I work as the only parking lot attendant in the East Bay. This year, it has been over 100 degrees many times and I don’t see signs of it cooling any time soon. There used to be a booth where I could get out of the sun, but they took it down to make more spaces for cars. Now I work outside without any shade. There isn’t any water either. I told my manager, but he told me if I can’t handle it, he will find someone who will. Now, I don’t say anything, but it doesn’t seem right. Can they do that?

Hi Gabriel,

I am sorry to hear about your working conditions. As you have experienced, working outside, particularly in the heat, is difficult and can affect your health. In California, there are regulations administered by the California Occupational Safety and Health Administration (Cal/OSHA) which lay out the requirements which employers must maintain for the health of their workers who, like you, work outside. In particular, as it relates to working outside in the heat, California adopted the Maria Isabel Vasquez Jimenez heat illness standard-California Code of Regulations, Title 8, Section 3395. 

The first thing you asked about was shade. Section 3395 requires the employer provide access to shade when the temperature exceeds 80 degrees Fahrenheit. The employer is required to maintain one or more areas with shade while employees are present.  The shade can either be open to the air or an inside area with ventilation or cooling. There needs to be enough shade to accommodate all the employees on break at the same time. They also have to be able to sit normally, without having to be in physical contact with each other. The shady area needs to be located as close as possible to where the employees are working.  Importantly, employees are allowed and encouraged to take a preventative cool-down rest in the shade when they feel the need to do so to protect themselves from overheating.

In your case, since you work alone, the old booth seems as though it would have been sufficient. However, since they took it down, it appears your employer is not in compliance with the regulation. 

Since you are working in heat over 100 degrees, it is worth noting that in certain specific industries, there are additional High-heat procedures where the temperature reaches 95 degrees Fahrenheit. Those high heat procedures ensure there is effective communications with supervisors, observation of employees, pre-shift meetings to encourage hydration and inform employees of their rights to take a cool-down rest when necessary. There are even more procedures within the agricultural industry, but these high-heat procedures are required in the construction, landscaping and oil/gas extraction industries, as well as certain delivery drivers.  

You also mentioned the lack of water at your worksite. The same regulations address the water issue. It is required that employees have access to fresh, pure, cool drinking water. It must be provided free of charge by the employer. It should be located close to where the employees work. However, if there is not suitable plumbing, the employer can provide the water, at the beginning of the shift, or incrementally throughout the day.  But, they need to provide enough for each worker to have one quart of water each hour of their shift.  It seems they are not doing that for your worksite. 

You asked if they can get away with their failure to provide shade or water.  That is an excellent question. You opposed the conduct and were seemingly told that if you didn’t like it, they would find a different employee instead.  If your employer terminated you because you asked for shade and water as they are required to provide, that would be a form of retaliation.  Section 3395 also requires the company to train employees of the employer’s responsibility to provide water, shade, cool-down rests, and access to first aid as well as the employees’ right to exercise their rights under this standard without retaliation.

It is generally a good idea to make any requests to your employer in writing. If you find that you are retaliated against for making a complaint regarding workplace safety, whether under this section, or any other, that you contact an experienced employment lawyer such as the Dolan Law Firm. 

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