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Telega v. Security Bureau, Inc., 719 A.2d 372

Facts

Mitchell and Karen Telega attended a Steelers game at Three Rivers Stadium on December 6, 1992. During the game, a football cleared the goalpost net and landed in the stands, prompting aggressive fans to rush for it. Mr. Telega caught the ball but was subsequently trampled by other fans, resulting in serious injuries. Prior to this incident, the Telegas had raised concerns about the lack of security and crowd control in their seating area during similar situations.

Mitchell Telega and his wife, Karen, attended a Pittsburgh Steelers football game at Three Rivers Stadium in Pittsburgh on December 6, 1992. For approximately two years, the Telegas were season ticket holders whose seats were located in Section 41, the pie-shaped end-zone section of the stadium behind the Steelers' goalpost. During the last quarter of the December 6th game, the Steelers' kicker attempted a field goal. The football was catapulted through the uprights of the goalpost, over the stadium net designed to catch it, and into the stands. Mr. Telega, who saw the ball coming his way, stood up in front of his assigned seat, extended his arms, and cleanly fielded the football. When he attempted to sit down, Mr. Telega was thrust from his seat and trampled face first into the cement aisle by aggressive fans who stripped him of the souvenir ball. Mr. Telega suffered numerous injuries from this attack, including facial lacerations, a sprained shoulder and arm resulting in extensive physical therapy, and a broken nose that required surgery.

Issue

Did the trial court err in applying the 'no-duty' rule to bar recovery for injuries sustained by Mr. Telega during a disturbance among fans at a football game?

Did the trial court err in applying the 'no-duty' rule to bar recovery for injuries sustained by Mr. Telega during a disturbance among fans at a football game?

Rule

The 'no-duty' rule applies to injuries that are inherent risks of the activity, meaning risks that are common, frequent, and expected. Amusement facility operators have a duty to protect patrons from foreseeably dangerous conditions not inherent in the amusement activity.

The 'no-duty' rule applies to injuries that are inherent risks of the activity, meaning risks that are common, frequent, and expected. Amusement facility operators have a duty to protect patrons from foreseeably dangerous conditions not inherent in the amusement activity.

Analysis

The court found that the risk of being trampled by fans was not an inherent risk of attending a football game. While the trial court had concluded that Mr. Telega assumed the risk of injury by catching the football, the appellate court disagreed, stating that being attacked by other fans was not a common occurrence that spectators would anticipate. The court emphasized that the security provider had a responsibility to manage crowd control and protect patrons from such risks.

The court found that the risk of being trampled by fans was not an inherent risk of attending a football game. While the trial court had concluded that Mr. Telega assumed the risk of injury by catching the football, the appellate court disagreed, stating that being attacked by other fans was not a common occurrence that spectators would anticipate. The court emphasized that the security provider had a responsibility to manage crowd control and protect patrons from such risks.

Conclusion

The appellate court reversed the trial court's decision, ruling that the application of the 'no-duty' rule was improper in this case. The court held that the injuries sustained by Mr. Telega did not arise from a risk inherent to the game of football.

The appellate court reversed the trial court's decision, ruling that the application of the 'no-duty' rule was improper in this case. The court held that the injuries sustained by Mr. Telega did not arise from a risk inherent to the game of football.

Who won?

Appellants, Mitchell and Karen Telega, prevailed in the case because the appellate court found that the trial court had erred in applying the 'no-duty' rule, which improperly barred their recovery for injuries sustained due to inadequate crowd control.

Appellants, Mitchell and Karen Telega, prevail in the case because the appellate court found that the trial court had erred in applying the 'no-duty' rule, which improperly barred their recovery for injuries sustained due to inadequate crowd control.

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