An 18-year-old Kentucky Wrestling fan filed suit this week against World Wrestling Entertainment and two wrestlers alleging the company’s negligence combined with the negligence of two wrestlers caused the fan, then 7 years old, to sustain an injury to his right leg and knee, according to a news report.
The Complaint names World Wresting Entertainment and wrestlers The Rock and Triple H. Plaintiff Ronald Basham, III, alleges that due to the negligent “script” of the match (i.e. the wrestlers continuing their match outside of the ring in the vicinity of fans), that the WWE breached a duty in failing to warn spectators that they could be injured by the wrestlers.
Basham’s attorney alleges that Basham has incurred more than $37,000 in damages since the incident.
Maryland, like Kentucky, has a statute of limitations that requires a lawsuit for personal injury to be brought within 3 years of the incident. One exception, however, is the case of minors. In Maryland, the statute of limitations for a minor generally begins to run at the age of 18, so a minor generally has to the age of 21 to bring a personal injury action.
The problem, however, is that the longer a Plaintiff is removed from the incident – there is a greater likelihood that a Defendant will defend on the grounds that something else caused the injury. Apparently Basham also plays football and races (and crashes) stock cars, also possible sources of ongoing leg and knee injuries. That’s not a commentary on Basham’s suit, he very well likely may have a meritorious claim, but it is a reality faced by many Plaintiffs.