Liability for damage caused by third parties can lead to losses for companies

Liability for damage caused by third parties can have financial and legal consequences for companies, football clubs and organizations that host large audiences. A decision by Brazil’s Superior Court of Justice (STJ) shows how the conduct of fans and the public statements of club executives can result in awards for material and moral damages.

The case involved a football match in which the home club adopted a policy to reduce conflict between rival fans. The initiative, called “Torcida Humana” (“Human Crowd”), sought to promote peaceful coexistence among fans and reduce violence in stadiums. The measures included restricting the use of shirts and accessories identifying the visiting team and spreading those fans across the stadium instead of concentrating them in an exclusive section.

The policy drew a reaction from the visiting club, whose players and president spoke out publicly against the initiative. The president compared the restrictions on the use of the club’s own symbols to the practices of fascist regimes, questioning the limits of measures adopted in the name of security.

In addition to this controversy, fans of the visiting club vandalized the stadium, damaging seats, partitions and restroom facilities. Reviewing the case, the STJ reinstated the trial court’s order requiring the visiting club to pay for the material damage, finding that the losses had been proven and that there had been a failure to prevent or stop the acts.

The STJ also held that the public statements by players and the president had, in that context, gone beyond the limits of legitimate criticism, and recognized a duty to compensate for moral damages.

For managers of event venues, companies and clubs, the case shows that damage caused by the public can lead to an adverse judgment, and that liability may fall on whoever brings that public to the venue, as happened with the visiting club. This underlines the importance of assessing the risks of the security measures adopted, setting procedures to prevent and respond to incidents, and guiding representatives on public statements in situations of conflict. Damage prevention and the management of institutional communication are factors that can affect an organization’s legal exposure.