Bills Stadium Construction Drives Need for Additional Parking, but at what price?
September 16, 2024
As the NFL season gets underway, that can only mean one thing in Buffalo - legendary tailgating is back. Bills fans pregame like no one else, and given the stadium’s proximity to residential neighborhoods, much of that tailgating takes place in the yards of private residences. Homeowners have long taken advantage of the need for parking and turned their property into ATMs 8-10 times a year when the Bills are hosting a game (more when we consider Billy Joel, Luke Combs, Def Leppard, and the many other concerts that have come to Highmark Stadium in recent years).
Hand drawn signs along Southwestern Boulevard and Abbot Road advertising private parking ranging anywhere from $20-60+. Creative homeowners may even take it to the next level offering cold drinks, hot dogs, and bathroom facilities. While it goes without saying, these homeowners are conducting a for-profit business when they accept cash to park on their properties. It is also safe to assume most are doing so in an “off the books” manner.
Tax laws aside, we are going to focus on a different area of the law – personal injury. Specifically, what happens when you accept an individual’s cash payment to park on your property and, in the process, that person or any member of their party, is injured? The answer to that question may be complicated . . . and expensive.
As we have established, no one circles the wagons and taps the kegs quite like the Buffalo Bills’ fanbase. Safe to say all that partying could lead to slip and fall injuries, injuries sustained in fights, grill mishaps, even injuries sustained parking vehicles on the property. Homeowners in these situations may assume they are covered under their homeowner’s insurance policy. Fans, if they were to think about the risk of injury, might also assume the homeowner would be liable if they were to suffer an injury. But is that true? The answer is a resounding . . . maybe.
Certainly, the homeowner’s insurance company could cover the claim made by a fan injured on someone’s property in the above-outlined scenarios. But it is not a guarantee, and it is a buyer beware situation.
If a fan suffers a severe injury on property, there is a very real possibility that the carrier will deny the claim, citing the fact that the injury occurred as the homeowner was using the property to conduct business. Most policies require that a homeowner notify the carrier if they operate any type of business on the property.
Post-Covid, a growing number of Americans have turned to opening and operating small business from their homes. Of course, for most yard-parking entrepreneurs, this is not a formal business, leading to a potential gray area.
The reality is, insurance companies do not make a habit out of paying claims they do not have to pay. If you are found to be operating an unlicensed business on your property, and a claim is made related to the operation of that business, there is a reasonably good chance any claims made will be denied. It is very common for homeowner policies to include language excluding "business pursuits" from coverage.
Before engaging in any kind of home-based business, even one as casual as taking cash for a parking spot on your lawn, it is worth consulting an insurance agent to explore your current coverage and any options you may have, ranging from expanding your current policy, to adding an umbrella policy to your coverage.
With construction of the new stadium eating up more real estate, the demand for off-site parking is higher and will be for the next few seasons. Whether you are a fan looking for a premium spot to tailgate before the game, or a homeowner looking to supplement your income with some fast cash, proceed with caution, and stay safe. Go Bills!
Shannon Spyres is an associate attorney who focuses her practice in the areas of Personal Injury and Estate Planning. She can be reached at 716-854-4300 ext. 203 or sspyres@gross-shuman.com
