Pardalis & Nohavicka Sports Events Law Update

Pardalis & Nohavicka Sports Events Law Update: Dolphins Fan’s Suit Against Buffalo Bills For Assault Fails

On November 15, 2012, Paul  Wrobel was wearing a Miami Dolphins jersey while attending a Buffalo Bills/Miami Thursday-night game at Buffalo. When he arrived, he tailgated with his friends and had about five beers. A few minutes into the first quarter, he left his seat with his friends to use the restroom and buy a beer. About five minutes after returning to his seat he was struck in the back of the head by an unknown fan behind him. He then turned around and three unidentified fans jumped on him, punched and pushed down onto his back. The altercation lasted a few minutes and was broken up by fans and security. Three individuals were led away by security and ejected from the game.

Paul sued the Bills and the stadium security company for negligence. The Bills filed a motion to dismiss the complaint.

The Court dismissed the Dolphins fan’s lawsuit holding that his injuries were the result of a sudden, unanticipated criminal act and not because of any negligence by the Bills or their security company. The injuries were caused by the violent fans. They are the ones who should have to pay.

Buffalo won the game that night five years ago 19-14.

Here is the Case:

http://www.courts.state.ny.us/reporter/pdfs/2017/2017_32068.pdf