WrestleMania 38 took place at AT&T Stadium in Arlington, Texas. The show featured a total of 16 matches spread across two nights. WrestleMania 38 is known for the return of Stone Cold Steve Austin who returned to the ring after over a decade. The event also witnessed the return of Cody Rhodes who defeated Seth Rollins. However, WrestleMania 38 is now becoming known for other less-than-favorable reasons.
Marvin Jackson filed a lawsuit against WWE on January 12th before the District Court of Tarrant County, Texas alleging that he lost hearing in his left ear when he attended WrestleMania 38 due to the pyrotechnics that took place as part of the show’s production.
According to the lawsuit, Marvin is suing WWE for Negligence, Gross Negligence, and Strict Liability while also claiming WWE knew of the risk involved in using pyrotechnics but disregarded it. In regard to WWE’s liability, Jackson claims that his injuries came from the pyrotechnic display.
“Defendant is strictly liable for Plaintiff’s injuries arising from the pyrotechnic display because the use of pyrotechnics indoors constitutes an “abnormally dangerous activity” for the purposes of the common law rule that a party carrying on an abnormally dangerous activity is strictly liable for the damages caused thereby.
Due to the proximity of the pyrotechnics to the invitees, the indoor nature of the display, and the inherent danger of pyrotechnics, the degree of risk of harm to invitees was particularly high at WrestleMania 38. The likelihood of harm associated with those risks was commensurate with the risk. Though Defendant’s lack of reasonable care caused Plaintiff’s injury, Plaintiff asserts that no amount of reasonable care could eliminate risk that accompanies use of indoor pyrotechnics. The damage stemming from loud blasts from pyrotechnics was exacerbated by the closed atmosphere of an indoor facility like AT&T Stadium. The harm arose from the loud sound produced by the pyrotechnic blast.
While the use of pyrotechnic displays is commonplace on holidays at outdoor events, the use of deafening pyrotechnics in indoor facilities with echoing effects is an irregular practice and should not be considered a matter of common usage.
Moreover, the relative value of indoor pyrotechnic displays is marginal compared to the inherent risk it puts on crowded audiences in indoor facilities. The potential for harm by burns or deafening noise cannot be outweighed by the cosmetic effects of indoor pyrotechnics.”
Lawsuit filing against WWE
The lawsuit which was filed last month in Texas requested a jury trial and monetary damages of more than $1 million including damages of any kind, costs, penalties, expenses, prejudgment interest, and attorney’s fees.
On February 17th WWE filed a request to have the lawsuit moved to the United States District Court for the Northern District of Texas, Forth Worth Division, a ruling on the matter has not been made.
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