Last Season at Candlestick Park Claims Life of Devoted Fan

A 32-year-old Hayward man died on opening day of the last season for Candlestick Park. On the Jamestown pedestrian crossway, Kevin Hayes fell from the overpass at about 1:30 p.m. on Sunday, September 8th, just after kick-off between the San Francisco 49ers and the Green Bay Packers.

Mr. Hayes was a welder and a machinist who grew up going to games at Candlestick Park where his family held season tickets since 1946. While witnesses suggest Mr. Hayes was intoxicated when crossing the overpass, his younger brother who was with him at the time offered a different account… “Kevin put his hand out thinking the rail was going to be there, but he slipped, tried to grab the rail, and went over the side.”

While his parents note Mr. Hayes was tailgating and probably had a few beers prior to the game, toxicology reports have not yet concluded if he was drunk. In California, injuries or deaths that occur on the property of others could give rise to a claim for premises liability.

In this case, the family of Mr. Hayes had not yet heard from the city or any agency concerning the case or the condition of the overpass. Factors that bear on a claim for premises liability include:

  • Foreseeable danger to others on the premises
  • The control and care exercised by the owner or operator of the premises
  • The question of negligence or owner responsibility for the injury
  • The extent to which the victim had responsibility for the injury

It remains to be seen if the family will pursue a wrongful death claim in this matter. Careful investigation and attention to California time limitations for filing actions involving death or injury are important.

The fall of Mr. Hayes was a tragic note to an otherwise beautiful day at a fabled stadium in San Francisco. If you have been hurt due to dangerous property conditions, seek immediate help from a good attorney. Evidence must be preserved/documented before the condition changes or is fixed.

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