Fan SUES WWE after ‘going deaf in left ear’ following pyrotechnics blast at Wrestlemania 38 last year | The Sun
A LAWSUIT has been filed against the WWE after a fan allegedly lost "almost all" hearing in his left ear during Wrestlemania 38.
The event took place at AT&T Stadium in Arlington, Texas last April.
While sitting stage side, a loud pyrotechnic blast is claimed to have caused the Plaintiff to have almost entirely lost hearing in his left ear.
The lawsuit alleges: "On or about April 3, 2022, Plaintiff attended WrestleMania 38 which was hosted by Defendant and located at AT&T Stadium, 1 AT&T Way, Arlington, Texas 76011.
"Plaintiff was an invitee on the premises. Defendant was the occupier of the premises.
"Plaintiff was seated next to the stage at the venue. When performance began, pyrotechnics went off. The blast from the pyrotechnics was so loud that it caused Plaintiff to lose almost all hearing in his left ear.
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"No facts suggest that anything Plaintiff did or failed to do in any way caused or contributed to the incident or resulting damages.
"Defendant failed to notify anyone or place any warnings to warn of the existence of the dangers associated with pyrotechnics.
"As a result of the incident, Plaintiff suffered serious injuries."
It is then claimed that the WWE should take responsibility for the outcome due to the "abnormally dangerous" nature of the pyrotechnic blast.
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The lawsuit is seeking more than $1million (£826,000) in order to cover damages, penalties, costs and legal fees.
It continues: " 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."
Last Friday, the WWE requested that the lawsuit be moved to United States District Court for the Northern District of Texas, Fort Worth Division.
The court has not yet ruled on this request, and there have been no further comments from the WWE to date.
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