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TD Garden Bruins fan injury lawsuit overview:
- Who: A federal judge in Massachusetts has ruled the owner of Boston’s TD Garden is not liable for injuries suffered in a fall at a Boston Bruins hockey game by a Rhode Island man, Alexander Raheb.
- Why: The judge determined it was not up to the court to determine whether a sports venue should be required to serve beverages with spill-proof lids.
- Where: The lawsuit was filed in Massachusetts federal court.
A federal judge in Massachusetts has ruled the owner of TD Garden in Boston is not liable for injuries suffered by a fan who injured his leg after slipping on a spilled drink while attending a Boston Bruins hockey game at the arena in April 2019.
Plaintiff Alexander Raheb claimed his injury was caused by negligence on behalf of TD Garden, which he argued should have sold drinks in cups containing lids, due to the potential for drink spills being foreseeable.
The judge overseeing the complaint sided against Raheb, however, determining “it is not up to this court to determine the public policy of Massachusetts as to whether sports venues can be required to serve beverages with spill-proof lids.”
“That is for the Legislature of the Commonwealth, which has been silent, and its courts, which have not,” the judge wrote, in a memorandum and order on a motion for summary judgment filed by TD Garden.
TD Garden crew could not have cleaned up spill in time to prevent fall, plaintiff concedes
Raheb has admitted the spill could not have been cleaned up in time before he slipped and fell, because the spill happened only approximately five to six seconds before he reached it.
“There is no evidence that (TD Garden owner Delaware North) knew of or should have become aware of the condition during that time period,” the judge wrote.
Raheb claims he suffered a ruptured tendon and has had to undergo surgery and physical therapy, causing him to incur “substantial” medical bills and to miss time from work, as a result of the fall.
Typically, TD Garden has a crew of workers — contracted from janitorial company UG2, LLC — with mops whose job is to pay attention and watch for spills during events, with eight cleaners assigned to each of the arena’s nine floors.
Previous class actions have made sports-related claims.
In another case involving sports, a consumer filed a class action lawsuit against Adidas in January, arguing the company misled its customers into thinking they were buying a jersey of identical quality to what NHL players wear.
Have you been injured as a fan during a sporting event? Let us know in the comments.
The plaintiff is represented by Casby Harrison III of Harrison Law Associates.
The TD Garden Bruins fan injury lawsuit is Raheb v. Delaware North Companies, Inc.-Boston, et al., Case No. 1:21-cv-10910, in the U.S. District Court for the District of Massachusetts.
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