Quantcast
Channel: LexBlog
Viewing all articles
Browse latest Browse all 70

Back to Basics: Assumption of the Risk

$
0
0

You are with your girlfriend at the baseball game. The foul ball is coming toward you and it is your great chance to impress. You have your Mickey Mantle mitt that your dad gave you. The ball is coming, takes a weird turn and hits you on the head. In addition to your machismo being wounded, you have a concussion, have to leave the game under escort and see your girlfriend flirting with the guy next to her as you depart. Can you sue?

Copyright: rachellidangelo / 123RF Stock Photo
You assumed the risk of this happening by going to the game. Your ticket likely has legalese to that effect, but even in the absence of such language, courts have said that the exposure to the foul ball is just part of the grand old game.

Last season, a lawyer in the Bay Area filed suit against the Oakland As alleging that there should be netting throughout the stadium and not just behind the plate. The retort is not to mess with the game and put the risk on the customer. Based on tradition and case law, I am betting on the As.


Viewing all articles
Browse latest Browse all 70

Trending Articles