Harvard Law Professor Emeritus Alan Dershowitz is now the plaintiff in slip and fall against TD Garden for an injury that he suffered in an arena bathroom during a Celtics game. Dershowitz blames the lack of paper towels for the wet floor that caused him to slip and injure his right knee and leg.
The complaint states that Dershowitz, 76, (who has been a Celtic season-ticket holder since 1965) went to the bathroom in the fourth quarter of the game against the Miami Heat. His former law student, Alex MacDonald, is handling the lawsuit and alleges that “The bathroom at this time — and plaintiff believes for at least 60 minutes before his entry into the restroom — had no paper towels to allow male patrons to dry their hands post washing of them. This dangerous condition allowed water from the recently washed hands of each of the myriad bathroom users to drip or be ‘shaken’ onto the floor, negligently creating a hazardous situation for all users.”
That can make for a very difficult causation challenge. Sports bathrooms are notoriously messy, particularly men’s rooms, due to the eagerness of people to return to the stadium and the high traffic rate. The stadium however must take reasonable measures to make such floors safe and warn of slippery conditions. One question is how long such conditions existed before Dershowitz took his fall. However, there is also a duty to keep such locations free of dangers, particularly highly foreseeable dangers like wet floors.
There is also the question of the damages. Dershowitz returned to the game and watched the exciting end. Celtics fought off a late push by the Heat to win Game 3 of the 2012 Eastern Conference finals, 101-91.
Dershowitz says that his medical bills after insurance was $5,984.22, including $1,150 for an ambulance ride from the Garden to Massachusetts General Hospital. He is also seeking an unspecified amount as compensation for “economic and intangible damages.”
In the meantime, Dershowitz recently lashed out again at a woman who accused him of having sex with her while she was underaged. Dershowitz is quoted as saying that Virginia Roberts “is going to jail” for her statements under oath against him. In a case in Florida, Roberts claims that Dershowitz joined his friend and one-time client convicted sex offender Jeffrey Epstein at a party where she had sex with him. Epstein is a remarkably sleazy character who served 13 months for soliciting an underage girl for prostitution before being released in 2009.
The comments about Roberts out of court can be the basis of a defamation lawsuit. Dershowitz himself has raised his own such claims against her lawyers as previously discussed.
I agree with all BamBam said. There was a recent drowning at a swimming pool of a six year old at at hotel in Oriental NC. They had no lifeguard. The newspapers made a big deal that the kid drowned in the shallow end. Hotels need lifeguards, big basketball arenas and baseball stadiums need bathroom attendants. They sure pay people to see if you have your ticket when you come in. When the admissions are over send some of the ticket takers to the slimey bathrooms– with mops.
At least 60 minutes, not at least minutes.
I can’t help but be curious as to how it was determined that the bathroom had been without paper towels for at least minutes. Is there any documentation as to when maintenance was called with someone reporting a problem? A log of some sort, referencing when a call is received by maintenance?
How expensive would it be to have an attendant present in these stadium/arena restrooms during the various games? There is so much traffic, going in and out of these bathrooms, that problems pertaining to running out of towels, toilet paper and the appearance of wet/slippery floors should be expected and anticipated. This isn’t about Dershowitz and whether or not one is a fan. These stadiums and arenas have a duty that is owed to those who attend these games, and that duty encompasses maintaining a safe and hazard-free environment in their restroom facilities. If a suit by Dershowitz makes these stadiums realize the duty to maintain a safe environment on their properties, then I hope his suit is successful and puts these organizations on notice to monitor and clean their respective bathrooms. A family acquaintance once slipped, fell and cracked his head on a bathroom floor located in a public restroom. He died as a result of it, leaving a devastated wife and children behind. He wasn’t in his 70’s. Hope Dershowitz’s notoriety brings about some positive changes so we don’t just remember him as the guy who represented a wealthy sex offender.
Whatever respect I once had for DershoTwitz, I lost about 6 years ago. Now he is into this petty public bullsht, he shows himself to be an ass both at the very top of law and public legal policy, and at the very bottom in the gutter of law. Slip and fall suit for $5K, jeesh.
“When sink faucets are running for hours on end, as in a stadium during a game, there’s going to be water all over the floor – it has nothing to do with the absence of paper towels.”
Maybe they need the grid-like rubber rugs sometimes used in professional kitchens. The crap falls on the floor but your shoes are always in contact with relatively dry, slip resistant rubber.
And that is arguably foreseeable.
I think that guy Epstein doesn’t look a bit sleepy.
In his 50 years as a season ticket holder this has never been a problem for him until now? Welcome to old age.
When sink faucets are running for hours on end, as in a stadium during a game, there’s going to be water all over the floor – it has nothing to do with the absence of paper towels. Because even if they were loaded with paper towels, you still have to walk to the dispenser with wet hands to *get* the paper. Alan thinks he hit the lotto…we’ll see.
The stadium needs to have an attendant in there with a mop. Period.
Maybe if you are over 75 you need a guide and support dog.
Winning would be such a Pyrrhic victory. Imagine what the reaction will be from stadium owners, and what the re-designed bathrooms will look like to reduce the liability in the future.
Presumably that’s a auto-correct error from season ticket holder.
What’s a “second-ticket holder”?
” Epstein is a remarkably sleepy character who served 13 months for soliciting an underage girl for prostitution before being released in 2009. ”
Oh! Did I mention he is also a remarkably sleazy character?
If he wins, he wins, he has honed his skills. He has done the impossible. He has now a major prize in BS. However, if he loses, he should pay big time. Three years ago, goes back to watch the game, probably been drinking, arena bathrooms, etc. The guy’s 76 and feeling his aches and pains.
Sounds like someone has a serious deficiency of public exposure and needed to do something about tit.
This occurred 3 years ago and was filed as the statute of limitations was about to expire. He did not call for an ambulance immediately, but watched the end of the game. This has some pinkish flags.
I have interviewed many EMT’s about signs of alcohol use by the plaintiff. They will often mention it in their run reports.
I wonder if alcohol was a contributing factor, particularly late in the game.