Articles & Publications 11.18.24

Post-Pandemic Increase in Live Events Prompts Need for Premise Liability Action, published in New York Law Journal

Carla Varriale-Barker and Courtney Dunn's article on premise liability has been featured in the New York Law Journal! The authors highlight the importance of venue owners and operators reviewing their insurance coverage, particularly general liability policies, to ensure they are adequately protected against potential claims. They also emphasize that events such as concerts or sporting events, which often involve large crowds and complex activities, can lead to unforeseen accidents that expose venues to liability.

Varriale-Barker and Dunn discuss various defenses that venues can use to mitigate risk, including the use of exculpatory language in admission tickets or online ticketing platforms and the doctrine of primary assumption of risk. "With an increase in attendees at concerts and sporting events and the ever-present desire to steer clear of an inflated verdict, venues should familiarize themselves with steps that can protect them from the moment the curtain goes up. A periodic review of any exculpatory language (whether set forth on a website, the back of tickets, or electronically) is essential for fine-tuning the types of risks contemplated and guarded against," writes Varriale-Barker and Dunn. 

With the potential for significant legal and financial consequences, the authors recommend that venue owners take proactive steps to evaluate their risk management practices and ensure they are adequately prepared for the challenges of a post-pandemic event landscape. Read here (subscriber-based).