Negligence and the Assumption of Risk
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Although Karns & Kerrison did not represent the plaintiff in this case, it is an interesting decision worth being aware of.
A woman injured by a broken bat at a baseball game can not sue - her claim is barred by assumption of the risk, the Ohio Court of Appeals has ruled.
The plaintiff was seated in the second row near third base with her husband. During the fifth inning, she was hit in the face by a broken bat that flew into the stands.
The plaintiff sued, claiming that the baseball teams had negligently failed to protect her from harm. She argued that broken bats are not a common occurrence at baseball games, and therefore her claim should not be barred by assumption of the risk.
But the court disagreed.
"For most fans, the everyday reality of attending a baseball game includes voluntarily subjecting oneself to the risk that a ball or bat might leave the field and cause injury."
It must be noted that if a spectator in Rhode Island sat in an unprotected area and was injured the result would be similar based upon Rhode Island law and assumption of the risk.