49ers sued for 2014 bathroom attack

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The bad year for the 49ers continues.

Last week, a pair of season-ticket holders sued the 49ers for injuries inflicted in a 2014 bathroom assault by a pair of intoxicated brothers. According to the San Jose Mercury News, Kiran and Amish Patel allege that the 49ers and the Santa Clara stadium authority created an “unreasonable risk of injury” by failing to address the potential for violence by drunken fans at Levi’s Stadium.

One of the two cousins suffered injuries that put him in critical condition after skull surgery.

Although the incident resulted from criminal misconduct, the 49ers could be liable if they failed to take reasonable steps to protect against assaults occurring on their property. And that will be the primary legal hurdle that the Patels will be required to overcome: Whether the 49ers had a legal duty to protect them against intentional acts of violence committed by others on team-owned property.

The broader business question for the 49ers becomes how aggressively they choose to defend against a lawsuit filed by season-ticket holders. With layers of insurance potentially available for such matters, it would make sense for the 49ers to insist that an appropriate settlement be reached.

It’s possible those efforts were undertaken before the filing of litigation. As the litigation unfolds, those efforts could continue. At some point, however, the 49ers will have to ask themselves whether they want to file in open court paperwork arguing that they owe no duty to protect customers against the things other customers may do after consuming the alcohol sold by the 49ers at a significant markup.

84 responses to “49ers sued for 2014 bathroom attack

  1. I’m considering a lawsuit for alcohol consumption related damages to my personal Man Cave possessions, caused by inept 49er play in Pittsburgh and AZ.

    My pain and suffering is causing undue stress in my football life.

    Thanks Jed.
    Once I locate his number, expect to be hearing from my lawyer Jackie Chiles.

  2. How in the hell do you keep people from fighting?

    Maybe we should mandate shock collars with each ticket.

    I offer my thumb for service as the button controller.

    And I will pay you.

  3. How can the 9ers be responsible for this when there are thousands of fans that vastly outnumber the security staff and any cops who are there? It’s not like this could have been prevented with the large population of fans in a large ongoing active facility where not everyone can be watched 100% of the time they are there.
    Sorry, but this seems like a frivolous lawsuit to me.

  4. Cue the lawyer bashers. Truth is… These lawsuits have made the game day experience safer as it should. No more jets fans sexually harassing women. Drunk driving down after kids were killed by drunken fan who drank through the 4th q. These lawsuits may save YOUR lives one day so recognize.

  5. The primary question is not whether they had a legal duty to protect him. They had a non delegable duty to protect him. The question is whether the act was foreseeable, and if so, was it preventable. Did the 49ers have adequate security?

    Have there been other attacks at the stadium?

  6. This sue happy crap has got to stop. New rule…if you sue someone and lose, you owe the amount you tried to sue for.

  7. And the hits just keep on comin’….was it really only a year and a half ago that these people were questing for six? lol. Oh how the mighty have fallen…

  8. After reading the headline I thought the suit was for the criminally bad play of Kraperchoke being brought on by many niner fans.

  9. I’ll bet EVERY team has multiple lawsuits going at all times, just like Walmart and all the Casino’s.

    I read about this tragic crime when it happened, but deep pockets doesn’t mean guilt. I guarantee that the team has tried to settle. But just like the NFL and Brady, some people are just blind to the truth.

    While this is a very sad story, did you expect them to have a security guard posted in the men’s room? What about a camera you say?… in the john? I doubt it, too…

    You seem to have this real negative thing going about Levi’s. Every new stadium will go through growing pains and worse.

  10. As a jersey wearing panther fan, I was threatened by four lads in a bathroom at fed ex field…smiled and walked away, and happy to be typing this inane comment years later..some things just aren’t worth it gentlemen.

  11. And what exactly does Mr “Amish Patel” want the stadium people to do in order to prevent anyone from ever picking a fight with someone else at the stadium?

    The only people at fault here were the two guys who started the fight.

  12. Let’s be honest here guys. If you get your ass kicked at a football game, it was most likely because you were being antagonistic. You certainly weren’t being passive. The folks that were attacked were probably verbally abusing the attackers. They got what they deserved, and now they are asking that the 49ers reimburse them for their terrible self-control. It’s pathetic.

  13. Legally, the significant markup could be used as an argument that they attempt to slow alcohol purchase sales. It would be worse for them if it was “nickel beer night”.

    But I know you just wanted to point out crappy beer prices, I got ya.

  14. Really,you didn’t know 49er fans were violent its been all over the news heck outside the lines did a story on it. Heck they even travel with the violent fans remember the 49er fan that stabbed the falcon fan right after the 2013 NFC championship game.

  15. Is it also an issue that the 49ers failed to have adequate security at their games? If other examples of other attacks are cited?

    Security personnel should be proactive in weeding out potential trouble makers. Especially when they happen to be standing in line visibly drunk. And those serving alcohol should deny selling to anyone they deem to already be intoxicated.

    But in real life security makes little money and mill around in pairs waiting until something happens and the people behind the beer counter also earn little money are focused on outdoing last games beer sales.

  16. Yep. sounds like the NFL chose a lovely place to have their gold anniversary SB. Might as well start selling the “I went to Super Bowl 50 and all I got was this lousy severe head trauma” T-shirts.

  17. You want to sue the 2 drunken idiot brothers that did the assault? Absolutely. Civil suit all day and you will win. You want to sue the 49ers? Get outta here.

  18. In most cases I’d call this a pointless lawsuit but given the amount of trouble the Niners have had the last few years with violence at the stadium there’s a good chance these guys will win this suit.

  19. Lawyers ruin everything.

    What are the 49’ers to do “that is reasonable” to prevent assaults?

    There are risks in every aspect of life and there are no risk free zones anywhere. You are at risk by staying home.

    Lawyers and judges keep pushing more draconian and totalitarian measures on people.

  20. kliplee says:
    Sep 30, 2015 3:35 AM

    Let’s be honest here guys. If you get your ass kicked at a football game, it was most likely because you were being antagonistic. You certainly weren’t being passive. The folks that were attacked were probably verbally abusing the attackers. They got what they deserved, and now they are asking that the 49ers reimburse them for their terrible self-control. It’s pathetic.
    ——
    I try like hell not to stereotype, but in this case I am going to use a personal observation. The two guys that got attacked were Indian, as in the Country of India. In all my life I have never met one that was anything but very humble and soft-spoken.

    They just are not loud, obnoxious, or in the least bit violent. I have never seen one fight, other than possibly a shove or collision in a soccer game. They do, however, attract their share of racial abuse and taunting on occasion. The only thing I do not like about the Indian people is that they are some very aggressive negotiators in business. But something tells me that this wasn’t exactly a business deal gone wrong.

    As for the lawsuit, I would think a settlement is in order. Even grocery stores and shopping malls have security guards in the restrooms nowadays, so why wouldn’t a team with a history of fan violence do the same thing?

  21. That incident was horrifying. The two guys that perpetrated the assault were long time criminals. I’m not so sure this was just alcohol fueled as these were pretty violent guys regardless of what they drank. It’s pretty scary that you might get into a fight that risks your life and causes brain damage just from tapping someone on the shoulder to let them know there’s a free urinal.

    Not sure what the 49ers can do to fix it, but it’s just not acceptable to have that type of violent criminal in the stadium at all really and it certainly would make me want to stay away from that place. I wouldn’t want to put anyone in my family at risk.

    Even at other stadiums, I often find that the restrooms is the place where the worst altercations happen, as there is often lots of chirping at fans of the opposing team, and it can turn ugly.

    In the UK soccer leagues, they separate the fans into different sections of the stadium and I hope it never has to get to that in the NFL, but you should not have to feel unsafe going to watch a sporting event.

  22. Guess all of the people criticizing this lawsuit are willing to let their own family members get beat up and shipped off to the ICU without any right to recover damages for their medical bills and pain and suffering. I am sure all of these fools have declined to take the insurance money after a fender bender, due to their high, upstanding morals. (I am being sarcastic: I am sure they take the money every time.)

    On a different note, it’s interesting to see that the Bay Area tools who have criticized the Dodgers for years (while willfully ignoring their own fan violence) now find themselves on the other end of the stick. The Dodgers solved this problem with a strong police presence, the games are enjoyable and you can drink to your heart’s content.

  23. The owners are so greedy of course they will fight it and I am sure the other 31 owners are begging them too, if they lose this fight they maybe required to speed more money to protect their fans….how about hiring a few more security personnel to monitor the stadium not just the seating area, if someone was close by they may have been able to break up the fight before someone got seriously injured….

  24. kliplee says:
    Sep 30, 2015 3:35 AM

    Let’s be honest here guys. If you get your ass kicked at a football game, it was most likely because you were being antagonistic. You certainly weren’t being passive. The folks that were attacked were probably verbally abusing the attackers. They got what they deserved, and now they are asking that the 49ers reimburse them for their terrible self-control. It’s pathetic.

    ——————–

    You are so wrong about this. Go watch the video. A guy simply tapped the person in front of him on the shoulder to say there was a free urinal and he punched him in the face. Then the guy that tried to break it up also got beaten.

    It was a very sad incident.

    It is pathetic that you would take the side of violent criminals without even reading about what happened.

  25. Hey kliplee, how about reading or at least having some type of knowledge about a story before commenting. All parties were 9ers fans. Two criminal lifers and 2 season tix holders. Tix holder alerts the criminal that the next urinal is open. Criminal wigs out because he “doesnt like people touching him” so tix holders get beaten, one nearly to death.

  26. yankeemofo says:
    Sep 30, 2015 3:02 AM

    Cameras in the bathrooms, coming right up.

    Big Brother is watchimg you.

    ————–

    They have to do something, otherwise, why go watch a game there. These 2 brothers were really scary guys. It’s not great to think those kind of volatile and violent criminals could be standing or sitting beside you at a game. One spilled drink and you get pummeled. No one is going to be able to defend themselves against that kind of person.

  27. bobnelsonjr says:
    Sep 30, 2015 10:21 AM

    Lawyers ruin everything.

    What are the 49’ers to do “that is reasonable” to prevent assaults?

    There are risks in every aspect of life and there are no risk free zones anywhere. You are at risk by staying home.

    Lawyers and judges keep pushing more draconian and totalitarian measures on people.

    ————-

    I agree that it is hard to figure out what the 49ers should do to address it, but more security personnel would be a good start.

    There is risk everywhere, but I would say the risk of getting beaten by a violent criminal with a long rap sheet is pretty much nil if I stay at home and it should be nil at a sporting event too. How can guys that are that volatile not have done anything else that warranted them getting booted out of the place. Maybe they were model fans, but I doubt it. The 49ers need to crack down the way Kraft did when he took over the Patriots and create a more family atmosphere. You really need to have no tolerance for violent behavior in the stadium including threats. It will change fast.

  28. $2 a ticket to hire 200 off duty cops as ARMED security for bathrooms, concourses and parking lots. $100/hr to the agency employing the cops for a 6 hour shift is $120K a game…$2 a ticket assuming normal attendance at an NFL game…its not that hard a concept and a lot cheaper than defending lawsuits and having the bad PR they get for the Bryan Stowe and other incidents like this that seem to happen all the time in SF and LA at 49er/Dodger/Giant etc games. Gangbangers…scum of the earth.

  29. pantherfan1973299 says:
    Sep 30, 2015 1:01 AM

    As a jersey wearing panther fan, I was threatened by four lads in a bathroom at fed ex field…smiled and walked away, and happy to be typing this inane comment years later..some things just aren’t worth it gentlemen.

    ————-

    The guys that were beaten weren’t given that option in this case. If you run into the wrong kind of scary guys they don’t threaten, they just attack. While it is certainly smart advice that you walk away and that would probably avoid more than 90% of incidents, following that advice would not have prevented this attack.

  30. mikeyhigs says:
    Sep 29, 2015 11:22 PM

    This sue happy crap has got to stop. New rule…if you sue someone and lose, you owe the amount you tried to sue for.

    ———-

    Says the person who wasn’t brutally attacked because he tapped someone on the shoulder to say there was a free urinal and didn’t end up with brain damage and paralysis because of it.

  31. “This sue happy crap has got to stop. New rule…if you sue someone and lose, you owe the amount you tried to sue for.”

    Doesn’t even half to go that far. In Europe and many other places if you sue and lose you must pay the defendant’s legal costs. This alone eliminates the vast amount of frivolous claims.

    The problem here is every time the politicians try and pass Tort Reform which I believe is what this would be called, the attorney lobbying groups bribe the politicians and pressure them from doing so

  32. therealbillybuffalo says:
    Sep 29, 2015 10:46 PM

    Let’s just ban alcohol from games. Do people really need beer to enjoy a football game?

    ————

    There’s a point there. While it’s nice to enjoy beer at a football game, safety should be first. However, in this case I am not sure it would have prevented the two attackers from doing what they did.

  33. purplengold says:
    Sep 29, 2015 10:48 PM

    How can anyone be expected to screen 50,000 personalities?

    ———–

    They can’t, but I am guessing these guys were trouble all over the stadium and they weren’t thrown out sooner. The 49ers need to crack down and have less tolerance for inappropriate behavior at the game. I could be wrong, they might have been model fans prior to the incident, but that’s not usually the case.

  34. As a Raider fan, I absolutely love the pre-game tailgating experience. Unfortunately, some folks cannot handle their alcohol and end up ruining the day for themselves and everyone around them. I have no problem with locking up every visibly drunken moron with an attitude. A day in jail, a hefty fine and missing the entire game should do the trick. If u want to commit assault, get ready to pay the price you worthless losers!

  35. As a season ticket holder I can tell you there is not near enough security. Consider every ticket is $100 and all the $ they are making they can afford more security. Every stadium has ONE security guard for a full section. That’s a 3000 to 1 ratio. It’s always been an accident waiting to happen. Sad thing is the ‘security guards’ aren’t trained to handle anything other than checking tickets. Our security is a 60 year old lady. I hope the 9ers lose the case as every stadium needs PROFESSIONAL security and a lot more of it before during and after the games. There is Almost NO security in the parking lots after games…and that’s where I hear a lot of yipping and yapping. Don’t ever feel bad for NFL teams…they make billions. Security should always be their number one concern.

  36. I still don’t get why the cops and security staff that were INSIDE the stadium during the game (of which there are plenty) don’t go outside and patrol the trouble spots AFTER the game. Stationed at exits etc. Just being a visible presence to stop troublemakers.

    Are they still inside yakking it up? Have sped off on a donut run? Where are they when all these fights break out?

  37. Stop selling booZe in all of the NFL stadiums. I say this as a season ticket holder. This would solve so many problems. Yes, people would still binge drink in the parking lots, but they would never make it in the gate. So sick of annoying drunks when I’m trying to enjoy the game. Also sick of girls bedecked in ‘Pink’ brand NFL gear squeezing past everyone every few minutes to go to the bathroom and to snag another $10 coors light.

  38. Nobody should get beat up at a football game, even a 49er football game where the product on the field is sub par.

    Why can’t the Patel’s simply sue the people who beat them up? Can they prove the stadium served them too many beers? Can they prove the stadium security ignored how drunk they were? If so, then sue the 49ers but if not, dismiss the lawsuit right away.

    And just out of curiosity, how come the Patels were at the game, I thought 7-11’s were open 24/7

  39. There are peons and then there are Judgement Worthy Individuals in this country, sorry Jed but you are now Judgement Worthy. I’m sure a few hundred thousand dollars will take care of this trash.

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