Litigation over concrete in St. Louis stadium could be coming

AP

In the wake of Reggie Bush’s season-ending slip-and-fall on concrete that inexplicably surrounds the playing surface at the Edward Jones Dome in St. Louis (but apparently won’t as of the next game there), Bush could be taking the matter to court.

Per a source with knowledge of the situation, Bush already has heard from at least one lawyer who proposes litigation arising from the hazard that resulted in a knee injury that ended Bush’s season.

Although Bush will receive his full wages while on injured reserve, he would be entitled to compensation for the pain and suffering arising from the avoidable knee injury. Punitive damages possibly would be available, too, if the evidence shows that the people who own and operate the stadium acted with a level of carelessness that justifies an extra payment aimed at deterring others from behaving in a similarly callous manner.

The Collective Bargaining Agreement likely would prevent a lawsuit against the Rams, but the Rams don’t own or operate the stadium itself. A slip-and-fall hazard on the area around the playing field would be no different than a slip-and-fall hazard in the parking lot or anywhere else other than between the white lines that surround the playing surface.

The 49ers also could, in theory, join in the litigation, obtaining payment for the wages that will be given to Bush while he is unable to play. Depending on the specific laws of Missouri, Bush could directly recover that money, with the 49ers either asking him for a refund or allowing him to double dip.

Bush has $847,000 in salary remaining for the current season. That large number could prompt a jury to award equally large numbers for pain and suffering and/or punitive damages, primarily because jurors sometimes are influenced by the size of the numbers that are presented to them during a trial.

33 responses to “Litigation over concrete in St. Louis stadium could be coming

  1. The Rams would be entitled to money for paying a salary and medical costs.

    Of course the insurance company would stretch it out over 7 years, then appeal it and charge the rest of us to recoup their costs.

  2. I seem to remember a clause in the stadium lease about maintaining it as a top 5 facility in the NFL. Since no other stadium has a concrete track around it, I would say the lease is void. Hmmmm coincidence this just became a problem in the same year the Rams are 1) either looking to bail to LA or 2) wanting the taxpayers to fund a pretty new stadium.

    The NFL knows the lease terms and knows the condition of the stadium.

  3. BS. That concrete is about 15 – 20 yards off the playing surface. Players have plenty of time to take their foot off the gas and pump the brakes. If this actually happens then the floodgates will be open. Imagine law suits filed against teams when outfields get hurt while crashing into outfield walls or chasing foul balls or falling into dugouts. I swear, the litigious nature of this country is sickening.

  4. This is what’s wrong with America. Guy will get paid for games he can’t play, yet they want to sue for “pain and suffering.” #SMH

  5. If the city of St. Louis becomes liable for this, you can say good bye to public funded stadiums. Yet one more thing an attorney will ruin in this country. At what point does an attorney become liable for ruining my quality of life by taking away so many things I enjoy?

  6. dmartin17 says:

    except the concrete was a known hazard and the field was approved for NFL use.
    ************************************

    This.

    If they are going to attempt to sue – then anyone that has had an injury on a field that is not in pristine condition (Washington and Chicago come to mind) are equally liable.

    That concrete is far from the playing surface. Players aren’t supposed to be there.

    Now I do believe that the Rams (yes – the Rams) should take and cover that concrete for the future – because it benefits them.

  7. He should get a lawyer. That was a nasty fall, and he was pushed across that concrete to the wall. It was all covered up with white plastic. How is that allowed to be there anyway?? Good Luck Reggie get what you can.

  8. His suit could put the NFL/Stadium owners on notice. There’s no reason that there should be uncovered concrete anywhere near players that put their bodies through enough risk on gameday. Same goes for the pitiful field conditions in Houston and San Fran (ironically enough).

  9. Like reggies knee injury, concussions are preventable. Grass fields and letting defenses play defense will slow the game enough to stop the big, wide open helmet to helmet collisions. Nfl won’t do it because the fantasy $$ is greater than settlement payments.

  10. “Bush already has heard from at least one lawyer who proposes litigation”

    Ambulance chaser. Typical of all personal injury lawyers.

  11. Another very good reason that the league and teams should have to build and pay for their own stadiums. The city should not have the liability for this

  12. Went to Mizzou Law School, and was watching the game live when Reggie Bush went down. Reggie definitely has a case and even for more damages then the article list.

  13. The downfall of society began when every third person in the US was a lawyer. Now every time someone gets hurt the first question is whose fault is it besides mine and how much money do you think we can get out of them? What a noble profession the law is.

  14. I was waiting to hear this after we went 2-fer-2 in StL lately…(ain’t it sad how cynical we fans have become?)…never mind it not happening before in 20 years (but I digress). Bush and McCown may not be Bell and Rodgers but to their respective teams they ARE. This will surely be ‘handled’ out of court but the distaste over it might be enough to scuttle any further objection to just letting the Rams “go west, young man” from city council and fans alike.

  15. @livenbreathefootball they used that clause in the the lease to void the lease 2 years ago that’s why they are allowed to go year to year from this point on.

    Also you aren’t allowed to sue for pain and suffering in Missouri and since he Bush didn’t lose any wages he likely doesn’t have a case in the state unless he partners with the 49rs. The NFL also assumes responsibility during the games when they convert the convention center into a football stadium.

  16. “Bush already has heard from at least one lawyer ”
    ========================================

    The vultures come out.

  17. Hey lawyer haters…who do you think makes this country safer for you to get off your couches everyday? Without lawyers, companies would let dangerous conditions exist all over the place. That ignition control switch that auto manufacturers wouldn’t pay 2 cents per car but keeps your loved one from having her face melted off was due to a lawyer. Recognize.

  18. Wow, this would open a can of worms and only the lawyers will win in the long run. Yes, as a city, I would never build another sports arena with public funds if this gets legs.

  19. The Rams are not liable, the owners are, the city. Another part of the stadium Kroenke will not have to pay for. Wonder whether that cost will impact the vailability of funding from the city for the NEXT stadium.

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