A Rams season ticket holder who says she was injured when the back of her seat broke at a preseason game is disputing the claims of SoFi Stadium management that she signed a release of liability.
Plaintiff Tiffany Botello’s Torrance Superior Court suit names as defendants StadCo LA LLC, Pincay Re LLC and Hollywood Park Management Co. LLC. StadCo LA is the owner and developer of SoFi Stadium.
In their court papers, stadium attorneys contend that in buying season tickets with a licensing agreement, Botello “expressly released and waived” all potential negligence-based claims for injuries related to any of her attendances at SoFi Stadium, including the harm she claims she suffered on Aug. 14, 2021, while attending a game between the Rams and the Chargers.
A release of liability is enforceable if it is clear, unambiguous and explicit in expressing the intent of the parties, stadium lawyers contend.
“Here, the license agreement was of sufficient clarity and scope to warn plaintiff that she was releasing defendants from any and all liability relating to her presence in and about SoFi Stadium,” stadium attorneys further state in their court papers.
But in a sworn declaration filed Tuesday with Judge Gary Tanaka in advance of a Jan. 14 hearing, Botello says her padded club-style spectator seat “abruptly failed and collapsed beneath me, causing me to suffer personal injuries and other damages.”
The seat assembly was broken and could not support her weight, according to Botello, who additionally says she does not remember signing the license agreement.
In their court papers, Botello’s attorneys state that it is “quite clear from statutory language that advance releases from liability can never extend to violations of law. In the case at bar, whether there was gross negligence so as to invalidate any advance waiver or release is a question of fact (for a jury).”
