Question

4.Discuss the Bearman case and why it is important for sport facility managers.

Answer 1

Bearman case :

Bearman case is classic case which tells the importance of not allowing alcohol on the campus. Be it sport facility or any educational or campus facility where there is a large group gathering involving students. Let's look at the facts of the case -

After leaving a game and while walking to their car, the Bearman's saw two drunk men fighting. After the fight the two men separated. One of the men fell and broke Mrs. Bearman's leg. Bearman argues that because she was a business invitee, the university owed her a duty to keep her safe from third parties while on campus. Because Notre Dame knew alcohol was sold and drunk people falling down happens, they do owe them a duty of safety.

The University is aware that alcoholic beverages are consumed on the premises before and during football games. The University is also aware that "tailgate" parties are held in the parking areas around the stadium. Thus, even though there was no showing that the University had reason to know of the particular danger posed by the drunk who injured Mrs. Bearman, it had reason to know that some people will become intoxicated and pose a general threat to the safety of other patrons. Therefore, Notre Dame is under a duty to take reasonable precautions to protect those who attend its football games from injury caused by the acts of third persons.

Firstly, it is very important for the university to have a prohibilition in selling alcoholic beverages on the campus. Also, there should be a very tight security in place which does not allow students or outsiders to bring alcohol from outside. In a place where students are involved, consuming alcohol should be completely banned from the premises. Since there is no curb on the policies, these incidents happen at the parking lots and at the sports facility.

Secondly, sports facility managers should ensure that all the visitors, students, staff etc, who are entering inside the facility should get a thorough security check and do not bring any consumables inside the venue. This will atleast ensure that such incidents are avoided on the campus. Lastly, the entire venue should have survelliance cameras including the parking lots, to ensure that the place is thoroughly protected.

Generally, the sport facility managers owe a duty to keep the premises safe for its invitees. This duty includes a duty to provide a safe and suitable means of ingress and egress, and a duty to exercise ordinary and reasonable care to protect a patron from injury caused by third persons.