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Fan sues Bengals over fall allegedly caused by vomit cleaner

Joe Robbins / Getty Images Sport / Getty

Cincinnati Bengals fan Scott Poston has filed a lawsuit against the team, alleging he underwent total reconstructive surgery on his right shoulder after slipping and falling on a substance used to clean up vomit, according to Kevin Grasha of the Cincinnati Inquirer.

The lawsuit states that Poston, a season-ticket holder for more than 20 years, slipped as he was walking into a bathroom at Paul Brown Stadium during an Oct. 14, 2018 game against the Pittsburgh Steelers.

Hamilton County and Aramark Business Facilities, the company that provides janitorial services for the stadium, are also named in the lawsuit.

Poston says there was vomit in one of the stalls and that stadium personnel attempted to clean it up using D-Vour - described by the company website as a product that "changes smelly liquids into an odorless semi-solid mass." He alleges that stadium personnel "dumped a huge amount of the substance on the bathroom floor" and failed to follow the instructions, which calls for a small amount to be used and cleaned up within a minute.

He was taken to a medical area, where he was told he suffered "a minor soft tissue injury" to his shoulder and given a makeshift sling, according to the lawsuit. However, the lawsuit goes on to say that an MRI later revealed Polson had tears to three rotator cuff muscles, a dislocated bicep, and strains of two other muscles.

The Bengals believe that the county should be responsibly for compensating Poston, not the team, according to the lawsuit.

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