Arizona Complaint by a Baseball Game Spectator Struck by Bat Thrown by Player

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Multi-State
Control #:
US-03253BG
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Word; 
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Description

A person who operates a place of public amusement or entertainment must exercise reasonable care with regard to the construction, maintenance, and management of his buildings or structures and his premises, having regard to the character of entertainment given and the customary conduct of persons attending such entertainment. The operator must employ sufficient personnel to maintain the premises in a reasonably safe condition. He or she must use ordinary care to maintain the floors and aisles along which patrons are expected to pass in a reasonably safe condition for their use; and this principle has been applied in cases where personal injury resulted from a slippery floor, aisle, ramp or walkway, defective carpet, or the presence of an object the floor or in the aisle.


Injuries that can be classified under sport spectator injuries are generally arising out of:
" An inherent risk or hazard in the sport being watched,
" The actions at a sports arena by a third party, an employee, or another spectator, or
" Hazardous defects in a sports arena unrelated to the event.


Lawsuits for sport spectator injuries are generally based on negligence principles. That means to be successful, you must prove that:
" A defendant owed you a duty of reasonable care under the circumstances,
" They breached their duty,
" You were injured, and
" The defendant's conduct was the cause of your injuries.


Depending on the circumstances in a lawsuit by an injured sport spectator, the following can be liable:
" Owners and operators of the sports arena,
" Promoters of the sports event,
" Concessionaries and other employees,
" Participants or athletes in the event, or
" Other spectators.

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FAQ

In American tort law, the Baseball Rule holds that a baseball team or, at amateur levels, its sponsoring organization, cannot be held liable for injuries suffered by a spectator struck by a foul ball batted into the stands, under most circumstances, as long as the team has offered some protected seating in the areas ...

While injuries at a public location would generally fall under premises liability laws (i.e., laws that allow you to sue if you get hurt on someone else's property) the MLB assumes that baseball fans are aware of the potential risk of a foul ball.

The limited duty rule essentially states that the landowner or operator has discharged its duty by taking certain appropriate actions, for example protective netting.

In American tort law, the Baseball Rule holds that a baseball team or, at amateur levels, its sponsoring organization, cannot be held liable for injuries suffered by a spectator struck by a foul ball batted into the stands, under most circumstances, as long as the team has offered some protected seating in the areas ...

A 2014 Bloomberg News report revealed that since the turn of the millennium, an average of 1,750 spectators per year were injured by foul balls at MLB games (out of a collective total of 400,000+ foul balls per MLB season).

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Arizona Complaint by a Baseball Game Spectator Struck by Bat Thrown by Player