Source: Sadler Sports & Recreation Insurance
Posted by John Sadler

Violence incidents becoming increasingly common

Sports violence is on the rise and the public is being bombarded with accounts of violence between sports officials and spectators, coaches and spectators, and spectator on spectator. Sports officials are resigning in record numbers over actual or feared verbal and physical assaults. There are increasing accounts of gun violence in the stands and parking areas. This is not just at high school games, but is happening at youth sports events. A number of my sports insurance clients have approached me for advice this past year on how to possibly prevent these incidents from happening. Although this type of violence has been present for some time, the increasing frequency and severity makes this an emerging risk in the amateur sports world which demands a response from risk management.

Violence in the media

Basketball referee in IN fights spectators and players.
North Texas youth football coach shot and killed by ex NFL player
MS softball umpire sucker punched by player’s mother
Masked man fires shots at FL youth football game injuring 4

Staff member is aggressor

Coach vs coach
Coach vs player
Coach vs spectator
Coach vs sports official
Sports official vs coach
Sports official vs spectator

Spectator is aggressor

Spectator vs coach
Spectator vs sports official
Spectator vs spectator
Spectator vs player

Athlete is the aggressor

Athlete vs coach
Athlete vs sports official
Athlete vs spectator

Outside party other than spectator is aggressor

Outside party vs spectator
Drive by shootings
Gang related crimes
Active shooters

How can amateur sports organizations be sued for failure to prevent violence?

Negligent hiring, supervision, retention, etc. of staff members – Sports organizations should not hire or retain any staff member with a known propensity for violence. Information about past violence can be obtained by running a criminal background check. Any prospective staff member should be disqualified if their criminal background triggers a disqualification based on pre determined DQ criteria used by the league or suggested by the background check vendor. Any existing staff member who is charged with a crime that falls under the pre determined DQ criteria should be relieved of their duties pending the outcome of the investigation. Any staff member who exhibits violent behavior but is not charged should be scrutinized by the board of the sports organization with the appropriate sanction including termination or suspension. The sports organization owes a duty of care to not employ staff members with a history of violence. Such staff members are a liability risk should they be involved in a future incident.

Failure to protect and control spectators – Generally, facility owners and field users have a legal duty to control the conduct of spectators on their premises when they have the opportunity to control such parties and are reasonably aware of the need for such control. Second, facility owners and field users only have a duty to protect spectators, staff, and players from third-party assaults if the danger is reasonably foreseeable, including foreseeable criminal conduct. In other words, knowledge of past violence and criminal conduct as regards a particular spectator or group of spectators can trigger a legal duty to ensure that adequate security is in place. See Must Youth Sports Protect Fans From Assault.

Knowledge of potential violence from outside third parties (ex: drive by shootings, gang activity) and failure to take action – Applying the same reasoning as regards spectator violence, if a sports organization has any knowledge that makes a violent act by an outside third party foreseeable (ex: rumor or threats on social media), such knowledge can trigger a legal duty to make sure adequate security is in place….

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Source: Sadler Sports & Recreation Insurance