Stadium Owners Watching Closely To See If Insurer Fumbles Reggie Bush Claim

San Francisco 49ers running back Reggie Bush reportedly intends to sue the city of St. Louis after slipping on a concrete surface behind the St. Louis Rams' bench during a recent game, injuring his knee and ending his season. If a lawsuit is brought, St. Louis (which owns the Rams' stadium where the injury occurred) likely will look to its liability insurer to pay for its defense and for any damages awarded to Bush at trial. While the insurer may dispute St. Louis's claim, the city has a strong argument for coverage, and stadium owners across the world—who have a duty of care to the hundreds of multi-millionaire professional athletes who compete on their fields and pitches—will be watching closely to see if the insurance company fumbles the claim.

Earlier this year, Bush signed a one-year, $2.5 million contract with the 49ers. In his 10th year, the 30-year-old is at the tail-end of his career, but a strong season with the 49ers potentially could have put him in contention for another big free-agency contract. For example, in March of this year, then-31-year-old running back Frank Gore signed a three-year, $12 million contract with the Indianapolis Colts, which includes $6.5 million guaranteed and an average annual salary of $4 million, according to spotrack.com. While Gore has been a more productive carrier running the ball compared with Bush, an outstanding season in San Francisco could have put Bush in the conversation for a similar contract.

Bush is likely to seek as damages his projected lost income under a new contract, pain and suffering, and even punitive damages. As part of his case, Bush may argue St. Louis was on notice of the danger posed by the concrete surface—one week earlier, Cleveland Browns' quarterback Josh McCown slipped in the same area and had to leave the game. Bush thus may claim that St. Louis acted "willfully and intentionally" in allowing the concrete surface to stay in place for the 49ers' game.

St. Louis may respond that, by agreeing to take the field that Sunday, Bush "assumed the risk" inherent in playing football. In fact, St. Louis may turn Bush's argument against him and assert that Bush himself assumed the risk of slipping on the concrete if he was aware of McCown's injury. Under Missouri law, however, the risks assumed in sports activities are created by the nature of the sport. Sheppard by Wilson v. Midway R-1 Sch. Dist., 904 S.W.2d 257, 262 (Mo. Ct. App. 1995). The risk of a baserunner being hit by a...