WWE fan sues company for $1 million after going 'deaf in left ear'

A WWE fan is suing the company for $1 million after claiming to have lost "almost all" hearing in his left ear.

The fan was invited to the WrestleMania 38 event, WWE's biggest show of the year, in Dallas, Texas in 2022.

The event, which happened over two nights, sees WWE do everything bigger and better in terms of their matches, storylines and production.

Part of this is an increased level of pyrotechnics to open and close the show, as well as superstar entrances.

And the fan, named Marvin Johnson, alleges that the a blast from one set of fireworks has left them deaf in one ear. As a result, a lawsuit was filed in the District Court of Tarrant County, Texas on January 12.

The lawsuit, of which a jury trial is being requested, is seeking more than $1 million (£826,000) for "damages, penalties, costs, legal fees, penalties, expenses, prejudgment and attorney fees" according to PWInsider.

Johnson believes WWE "failed to notify anyone or place any warnings" and therefore accuses the sports entertainment juggernauts of Negligence, Gross Negligence and Strict Liability

The lawsuit read: "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.

Image: WWE

"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.

"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.

"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."

Image: WWE

In response, on February 17, WWE requested that the lawsuit be moved to the United States District Court for the Northern District of Texas, Fort Worth Division, though there has no been no update at the time of writing.

SPORTbible has contacted WWE for comment.