Excessive Heat And Premises Liability At Outdoor Events
Even though other parts of the country have gotten it even worse, 2021 has been one of the hottest summers on record in South Carolina. Under other circumstances, the unusually hot weather might make people stay indoors, but not this year. Last summer, legal restrictions related to the COVID-19 pandemic led to the cancellation of some summer festivals and other outdoor recreational events, and people are eager to make up for lost time when it comes to socializing this summer. The pandemic is far from over, however, and this is a factor in some people’s decision to prefer outdoor social events over indoor ones. All of this is a perfect storm for heat-related injuries such as heat stroke, a medical emergency in which the body’s heat regulatory system stops working. If you suffered heat stroke because relief from the heat was not available at a theme park, outdoor festival, or other outdoor recreational venue, contact a South Carolina premises liability lawyer.
Liability for Heat Stroke at Outdoor Events
According to South Carolina law, the owners of places of business, including theme parks, concert venues, and other outdoor places of recreation, have a duty to protect invitees and licensees from preventable injuries. An invitee is someone who visits the place of business for the financial benefit of the business owner, such as a shopper at a farmer’s market or guest at a theme park. A licensee is someone who is present both for their own financial benefit and that of a business owner, such as a food vendor or souvenir vendor at a musical festival. The premises owner or event organizer has a duty to protect invitees and licensees from heat-related injuries, such as by taking the following measures:
- Ensuring that there are adequate shaded areas
- Providing an adequate supply of cool drinking water
- Ensuring that a sufficient number of medical personnel are present, that paths to first aid tents are clear, and that ambulances have access to the premises
What Is an Attractive Nuisance?
In premises liability law, an attractive nuisance is a danger that children can easily access. At an outdoor festival, an example of an attractive nuisance would be a children’s bean bag toss game or dance contest located in an open-air area with no shade. (It would be safer to hold these events in a tent.) Likewise, if there is a freshwater lagoon on the premises and children can easily access it and get injured, this is also an attractive nuisance. Excessive heat can increase the dangers of swimming in unchlorinated water, due to the presence of N. fowleri, (an amoeba that causes a type of encephalitis that is almost always fatal) and algae blooms.
Let Us Help You Today
A Columbia premises liability lawyer can help you recover damages if you got injured at an outdoor recreational event. Premises liability law applies to a lot more than just slip and fall accidents. Contact The Stanley Law Group for more information.