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Spectator Injuries: Examining Owner Negligence and the Assumption of Risk Defense

INTRODUCTION

People attend sporting events for various reasons. A person may attend for the love of the game, because friends or family persuaded the person to go, or to impress that special someone. However, injuries to spectators can affect anyone at or near the game. Spectators who lawfully purchase tickets to attend sporting events are business invitees and are be able to recover damages from stadium owners who “knew or should have known that a condition existed which posed an unreasonable risk to the spectators, the spectators could not have discovered and protected themselves against this risk, and he owners failed to exercise reasonable care for the spectator’s protection.”

The purpose of this article is to: (1) analyze the current duty of care owed by stadium owners to spectators in baseball and hockey; (2) identify when any assumption of risk defenses...

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Rationalizing a Decade of Judicial Responses to Exculpatory Clauses

Now Pilate, seeing that he was doing no good, but rather a riot was breaking out, took water and washed his hands in sight of the crowd, saying, "I am innocent of the blood of this just man; see to it yourselves." And all the people answered and said, "His blood be on us and on our children."'Pontius Pilate's non mea culpa qualifies as a famous attempt to excuse the effects of behavior, As Fifth Procurator of Judea, Pilate was bound by a duty to punish the guilty and protect the innocent. If he failed to act reasonably in performing either of those acts, he was accountable for the consequences. However, others could bargain to assume responsibility for those consequences, as did the people of Judea in the example reported by Matthew above."

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