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Negligence and the Assumption of Risk

Karns & Kerrison

If you or someone you know has been injured by the negligence of another or has sustained in injury while at work, contact Karns & Kerrison now at (888) 281-3100 for a free consultation or more information.

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.


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If you or your loved one suffered severe, life-altering injuries due to someone else’s negligence, we are here to help you fight for justice. For answers to your questions or to schedule a free consultation, contact our personal injury team at (888) 281-3100. We offer our legal services on a contingency fee basis, meaning you only pay attorneys’ fees after we have recovered compensation on your behalf.

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