August 17, 2012 | By McCathern Law
By Lida Alikhani
August 17, 2012
The Dallas Cowboys are in the “hot seat” for allegedly failing to protect one of its fans from an excruciatingly hot seat.
Jennelle Carrillo of Cleburne, Texas, has sued the football team and team owner Jerry Jones in Tarrant County District Court for third degree burns to her buttocks that came from sitting on a black marble bench outside the Cowboys Stadium in temperatures that exceeded 100 degrees. ”She was required to be admitted to a hospital and undergo skin grafts and other treatment for her burn injuries,” said Carrillo’s attorney, Michael Wash.
The burns occurred when Carrillo was attending the Blue & Silver Debut scrimmage game in August 2010.
The combination of the black marble and hot sun caused the bench to be extremely hot and unreasonably dangerous, she alleges in the lawsuit.
“No signs were posted at or near the bench warning persons not sit on it,” said Wash. “The defendants breached their duty of care by both failing to make the condition safe and failing to adequately warn the plaintiff.”
Wash said Carrillo was wearing full-length pants when she received the burns to her backside. According to the court filing, Carrillo spent nearly a week in the hospital and endured physical pain and mental anguish, and will continue to suffer damages in the future.
“It’s amazing that we are now responsible for the Texas sun,” the team’s attorney Levi McCathern told ABC News. “Unfortunately, even lawsuits like this have to be defended.”
McCathern said they have never dealt with a lawsuit like this one.
Wash said the lawsuit is in the hands of the Dallas Cowboys’ attorneys, and he is yet to receive a response.
The Cowboys have until Sept. 4 year to respond to the claims.