Sandy attended the Chicago Cubs v. Chicago White Sox "Cross-Town Classic" last Saturday afternoon at Wrigley Field in Chicago. Regrettably, Sandy was hit in on the head by a foul ball as she stood in the stands, talking with her friend rather than watching the game. Sandy filed a lawsuit in the Cook County, Illinois state court alleging that the Chicago Cubs were negligent in causing her personal injuries, pain and suffering, lost wages, and medical bills. You represent the Chicago Cubs. Based on these facts, which defense to negligence is likely most likely to defend your client?
a the Cubs had no duty to protect Sandy
b the Cubs breached no duty to protect Sandy
c Sandy voluntarily assumed the risk of being hit by a foul ball
d Sandy was comparatively negligent because her conduct was unreasonable under the circumstances
sir_jell_o
I would go with C. But I would also do my own homework. You are probably violating a code of student conduct, especially if you are in law school.
hr4me
a, b and c
The ball clubs warn fans to be aware of foul balls during games, it's mentioned in the programs, and also posted in signs around the ballpark.
Emily
c Sandy voluntarily assumed the risk of being hit by a foul ball
Anyone attending a baseball game has to be on watch for flying balls, bats and baseball players. There is a legal statement on your ticket when you buy it that says the team is not responsible for anyone hit by any of these objects. You assume a risk when entering a ballpark, you must keep your eyes open particularly for foul balls.
leegleze
Yep, definitely C.
Personal D
I would answer B
If you have ever read the fine print on a ticket, alarm bells would go off inside your head. The Cubs have a reasonable obligation to steer spectators, fans and personnel away from second hand smokin bats and balls.
Now think of the apartments across the street that protest the raising of nets that obscure their non paid view. ~Why~ these people are invitingly welcoming property damage and personal injury for love of the game.
Orignal From: You represent the Chicago Cubs. Based on these facts, which defense to negligence is likely most likely to def
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