The trial court dismissed the Kingsmen as a defendant, holding that there was a lack of duty owed by the injured party. This was affirmed by the Arizona Court of Appeals.
The Court of Appeals noted in order to find a duty there must be a special relationship between the defendant and plaintiff. “The formation of a special relationship is often based on some aspect of control. As a general matter, there is no duty to prevent a third person from causing physical harm to another unless the defendant’s stands in a special relationship with the third person or with the victim that gives the victim a right to protection, Restatement (Second) of Tort Section 315 (1965).”
In this situation, the evidence documented the Kingsmen neither planned nor ran the event in question and did not provide security—they only advertised it and sold sponsorships. The Court of Appeals affirmed that the mere sponsorship and promotion of Rodeo Days by the Kingsmen was not enough to create a duty to protect people attending the Rodeo Days. The Court noted that Kingsmen neither owned nor controlled the operation of the promoter, Dunbar Entertainment, and were not in position to assume control of the event. Therefore, there was no special relationship to create a duty.
At Simon Law, we like to keep our patrons informed of recent cases and news. If you have any legal questions, contact an experienced Tempe personal injury lawyer at our firm. Call us at (480) 745-2450.
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