NFL Player’s Slip and Fall Claims Not Pre-Empted by CBA Safety Provisions

- Charles Argento

Back in 2015, San Francisco Running Back Reggie Bush experienced a severe slip-and-fall injury that brought an abrupt end to his 2015 season.

During a visit to St. Louis to take on the Rams, Bush experienced the season-ending knee injury after slipping on concrete around the field’s playing surface. The fall led to a lateral ligament injury that almost cost him his entire football career.

Bush has filed a slip-and-fall lawsuit in connection with his injury, against the Rams, the Regional Convention and Sports Complex Authority, and the Convention and Visitor’s Commission, as defendants.

Because NFL players were covered by a new Collective Bargaining Agreement, the Rams argued that Bush’s claims were subject to arbitration because the NFL’s CBA specifically deals with player safety during games as well as of playing surfaces. But a federal court rejected this argument and ruled that the CBA provisions did not cover Bush’s premises liability and negligence claims which alleged that the defendants did not properly warn him of dangerous conditions that led to his injury.

While Bush may be eligible to pursue damages to cover medical and rehabilitative costs, the situation may also be eligible for punitive damages, if Bush can provide evidence that the operators of the stadium acted carelessly.

Slip-and-Fall and Other Premises Liability Injuries

Slip-and-fall accidents are a common cause of personal injury. Otherwise known as premises liability, these types of incidents involve injuries sustained on another party’s property, whether they are from slip-and-fall, trip-and-fall, or some other form of injury.

There are a number of hazards on a given property that can lead to personal injury, including:

  • Sidewalk defects
  • Obstacles that cause people to rip
  • Broken locks

In the state of Texas, organizations and communities, both on the local and state level, are obligated by law to maintain safe public properties for the public. These guidelines include provisions for sidewalks, landmarks, parks and other public buildings.

If you or someone you love has been injured in a premises liability incident, such as a slip-and-fall accident, it is best to consult with a personal injury attorney. Unfortunately, property owners and insurance companies can be significant hurdles in many cases, and may be hesitant to provide the injured with the compensation they rightfully deserve for their injuries.

In Houston, Texas, our personal injury attorneys at Charles J. Argento & Associates are experts in handling premises liability issues, including slip-and-fall accidents. Members of our legal team understand Texas laws regarding premises liability issues, and remain committed to working with you to secure the full and fair settlement that you deserve.

To schedule your complimentary consultation, we welcome your call today at (713) 225-5050.