Lawsuit Against WWE Over Alleged Fan Injury At WrestleMania 38

Lawsuit Against WWE Over Alleged Fan Injury At WrestleMania 38 WWE

A lawsuit has been filed against WWE over an alleged injury suffered by a fan during last year’s WrestleMania 38 event.

According to PWInsider, the suit was filed on January 12 before the District Court of Tarrant County, Texas by one Marvin Jackson.

The lawsuit claims that Jackson was an “invitee” at WrestleMania 38 situated next to the stage, and lost almost all hearing in his left ear due to the pyrotechnics that went off during the show.

WWE is accused of Negligence, Gross Negligence, and Strict Liability.

The lawsuit claims:

“Defendant is strictly liable for Plaintiff’s injuries arising from the pyrotechnic display because the use of pyrotechnics indoors constitutes an “abnormally dangerous activity” for the purposes of the common law rule that a party carrying on an abnormally dangerous activity is strictly liable for the damages caused thereby.

“Due to the proximity of the pyrotechnics to the invitees, the indoor nature of the display, and the inherent danger of pyrotechnics, the degree of risk of harm to invitees was particularly high at WrestleMania 38. The likelihood of harm associated with those risks was commensurate with the risk. Though Defendant’s lack of reasonable care caused Plaintiff’s injury, Plaintiff asserts that no amount of reasonable care could eliminate risk that accompanies use of indoor pyrotechnics. The damage stemming from loud blasts from pyrotechnics was exacerbated by the closed atmosphere of an indoor facility like AT&T Stadium. The harm arose from the loud sound produced by the pyrotechnic blast.

“While the use of pyrotechnic displays is commonplace on holidays at outdoor events, the use of deafening pyrotechnics in indoor facilities with echoing effects is an irregular practice and should not be considered a matter of common usage.

“Moreover, the relative value of indoor pyrotechnic displays is marginal compared to the inherent risk it puts on crowded audiences in indoor facilities. The potential for harm by burns or deafening noise cannot be outweighed by the cosmetic effects of indoor pyrotechnics.”

The suit requests a jury trial and is seeking over $1 million included damages, penalties, costs, expenses prejudgment interest, and attorney fees.

On February 17, WWE filed a request to move the lawsuit to the Northern District of Texas, Fort Worth Division – a decision on that has not yet been made.

We’ll continue to keep you updated with any more details that emerge.

Think you’re a wrestling mastermind? Well you can prove it by taking quizzes in our brand new quiz section! Don’t forget to tweet us your results!

1 year ago by Liam Winnard

Trending

Get the latest wrestling news straight to your inbox

By submitting this form, you are consenting to receive marketing emails from WrestleTalk