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

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Multi-State
Control #:
US-03253BG
Format:
Word; 
Rich Text
Instant download

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

The jury found against Coomer and in favor of the Royals. In fact, the jury found Coomer 100% responsible for his own injuries. Coomer appealed to the Western District Court of Appeals, and after an unsuccessful appeal, the Missouri Supreme Court accepted transfer of the case.

But the Royals owe the same duty of reasonable care when distributing hotdogs or other promotional materials that it owes to their 1.7 million fans in all other circumstances, excepting only those risks of injury that are an inherent part of watching a baseball game in person.

The name "Royals" pays homage to the American Royal, a livestock show, horse show, rodeo, and championship barbecue competition held annually in Kansas City since 1899, as well as the identical names of two former Negro league baseball teams that played in the first half of the 20th century (one was a semi-pro team ...

The jury found against Coomer and in favor of the Royals. In fact, the jury found Coomer 100% responsible for his own injuries. Coomer appealed to the Western District Court of Appeals, and after an unsuccessful appeal, the Missouri Supreme Court accepted transfer of the case.

Kemper Arena (1975) hosts concerts, conventions, shows, and sports events. The Harry S. Truman Sports Complex houses Kansas City's professional football (Chiefs) and baseball (Royals) teams in two side-by-side stadiums; the city also has a professional soccer (football) team (Wizards).

The trial court overruled Coomer's motion, holding that both (a) whether the risk of being injured by Sluggerrr's hotdog toss is one of the risks inherent in watching a Royals game and (b) the reasonableness of Coomer's actions were proper questions for the jury.

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