Bearman v. Notre Dame (1983) should serve as the benchmark ruling upon which sport administrators evaluate control issues involved in event management. Following a Notre Dame home football game Christina Bearman suffered a broken leg when an intoxicated “tailgater” knocked her down as she returned to her car. Bearman sued Notre Dame and was awarded a significant cash amount due to damages resulting from that incident. Despite the ruling in Bearman v. Notre Dame, minimal research has been conducted regarding the presence of a risk management plan or security procedures for pre/post game tailgating events. An effective risk management plan not only protects the agency from the impact of financial loss due to property damage or personal injury but it also can provide the patron with a safer, more enjoyable experience thus making an event more marketable. Thus, the purpose of this study was to identify the risk management practices regarding tailgating within two Division I athletic conferences. To investigate this potential area of concern for sport marketers, the researchers contacted 20 member institutions affiliated with 2 Division I athletic conferences determine existence, availability and content of risk management policies and security procedures of member schools, regarding tailgating at athletic events. The results of the study indicated that 6 of the responding institutions possessed specific risk management policies regarding tailgating issues while 4 relied on school risk management policies. Disturbingly, 7 did not have any risk management policies whatsoever. Of the 10 schools that reported having risk management plans, 80% indicated possessing policies about alcohol consumption, 30% had parking policies, 30% had policies regarding grilling or fire activity and 30% possessed safety policies dealing with tailgating issues. The continued evaluation of risk management plans and security procedures for pre/post game tailgating events could have a great impact on the marketing success for university athletic organizations. The sport administrator needs to comprehend that if there is tailgating activity on university ground the university, specifically the athletic department, is held to a duty to properly supervise the premises to create a safe environment for the patron. Without this understanding the near perfect opportunity for promotion may become a near perfect opportunity for litigation. Sport administrators should be able to incorporate research findings in order to facilitate greater and safer participation at tailgating events, thereby, prompting future economic growth and stability needed to sustain a successful athletic organization. Keyword(s): administration/mgmt, legal issues, sport management