Lawsuits Filed After Fair Bleacher Collapse: Negligence Claimed in Fatal Incident

The devastating collapse of bleachers at a county fair, resulting in a fatality and multiple injuries, has triggered a series of lawsuits, highlighting the critical importance of safety and maintenance at public events. This incident underscores the potential for severe consequences when negligence is involved, and it serves as a stark reminder of the responsibilities that event organizers and property owners bear. According to the U.S. Consumer Product Safety Commission (CPSC), an average of 10,000 bleacher-related injuries occur each year, many of which are serious and result in significant legal settlements. This article delves into the legal aspects of such incidents, exploring the concept of negligence, the types of claims that can be made, and the steps that injured parties should take.

The Incident: A Tragedy Unfolds

In August 2024, a section of bleachers at the Kendall County Fair in Texas collapsed during a rodeo event, resulting in one death and injuries to 11 other people. The incident occurred around 9:15 p.m. when metal beams supporting the VIP section and walkway gave way. The bleachers, which were reportedly a salvaged structure with a new addition, had not been inspected by the Boerne Fire Marshal’s Office prior to the event, and city officials confirmed that the proper permits for the construction had not been obtained. This lack of oversight and adherence to safety protocols has become a central point in the ensuing legal battles.

Understanding Negligence in Bleacher Collapse Cases

At the heart of these lawsuits is the concept of negligence. In legal terms, negligence occurs when a party fails to exercise the level of care that a reasonable person would under similar circumstances, resulting in harm to another person. In the context of a bleacher collapse, negligence can manifest in several ways:

Failure to Inspect: Event organizers and property owners have a duty to ensure that structures like bleachers are safe for public use. This includes regular inspections to identify and address any potential hazards. The Kendall County Fair Association (KCFA) is accused of failing to properly inspect the bleachers before the event.
Improper Maintenance: Neglecting routine maintenance can lead to structural weaknesses and increase the risk of collapse. The lawsuits against the KCFA allege that they failed to maintain or repair the bleachers, contributing to the incident.
Defective Design or Construction: If the bleachers were poorly designed or constructed, this could also be a basis for a negligence claim. The KCFA is accused of improperly attempting to salvage an older structure instead of purchasing new and safe bleachers.
Failure to Warn: If a dangerous condition exists, event organizers have a responsibility to warn attendees. The lawsuits claim that the KCFA failed to warn fairgoers of the risks associated with the bleachers.
Lack of Permits: Failing to obtain the necessary permits for construction or modifications can also be seen as negligence. The city of Boerne confirmed that the bleachers were built without proper city permits.

Types of Lawsuits Filed

Following the bleacher collapse, multiple lawsuits were filed against the Kendall County Fair Association. These lawsuits have since been consolidated into a single action. The types of claims being made include:

Wrongful Death: The family of the 79-year-old woman who died as a result of her injuries has filed a wrongful death lawsuit, seeking compensation for their loss.
Personal Injury: Several individuals who were injured in the collapse have filed personal injury lawsuits, seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.
Class Action Lawsuit: A class action lawsuit has also been filed, representing all those affected by the bleacher collapse. This type of lawsuit allows multiple plaintiffs with similar claims to pursue legal action collectively.

Who is Liable?

Determining liability in a bleacher collapse case can be complex. Several parties could potentially be held responsible, including:

Property Owners: The Kendall County Fair Association, as the owner of the fairgrounds, has a responsibility to ensure the safety of the premises.
Event Organizers: Those who organize and run events on the property also have a duty to ensure the safety of attendees.
Maintenance Companies: If a maintenance company was hired to maintain the bleachers, they could be held liable if their negligence contributed to the collapse.
Manufacturers: If the bleachers were defective, the manufacturer could be held liable for any resulting harm.
Construction Companies: If the bleachers were improperly constructed, the construction company could be held liable.

Steps to Take After a Bleacher Accident

If you or a loved one has been injured in a bleacher collapse, it is crucial to take the following steps:

Seek Medical Attention: Your health is the top priority. Get immediate medical attention, even if your injuries seem minor. Some injuries, like concussions or internal bleeding, may not be immediately apparent.
Report the Accident: Report the incident to the event organizers or property owners. Make sure to document the time, date, and location of the accident.
Gather Information: Collect as much information as possible about the incident. This includes taking photos of the scene, getting contact information from witnesses, and documenting the details of what happened.
Contact an Attorney: Consult with a personal injury attorney who has experience in premises liability cases. An attorney can help you understand your legal rights and options.
Keep Records: Maintain detailed records of all medical treatments, expenses, and lost wages. This documentation will be essential when pursuing a claim.

The Importance of Safety and Prevention

Bleacher collapses are often preventable. Regular inspections, proper maintenance, and adherence to safety regulations are essential to ensure the safety of spectators at public events. Facility owners and operators should pursue both self-inspection of bleachers on a quarterly basis and hiring a licensed design professional to inspect every two years. The leading causes of bleacher injuries include defects in design, manufacturing, installation, and lack of routine maintenance.

Conclusion

The lawsuits filed after the fair bleacher collapse highlight the serious consequences of negligence and the importance of safety at public events. If you or a loved one has been injured in a similar incident, it is crucial to understand your legal rights and take the necessary steps to protect your well-being. By holding negligent parties accountable, we can work to prevent future tragedies and ensure that public spaces are safe for everyone.

Call to Action: If you or someone you know has been injured in a bleacher collapse or other premises liability incident, contact our firm today for a free consultation. Our experienced attorneys can help you understand your legal options and pursue the compensation you deserve.