Jones v. Three Rivers Management Corp.
Subject: Analyzing of the care owed by the operator of a baseball stadium with respect to the risk that patrons may be hit by batted balls.
ISSUE
Was the defendant negligent in failing to protect plaintiff from certain risks?
FACTS
-P was standing in D’s baseball stadium, unaware that batting practice had begun, when a ball hit her. -She claims that the structure required patrons to turn attention away from activity on the field in order to safely navigate the concourse.
RULES
-An operator is not an insurer of his patrons-he will be liable for injuries to his patrons only where he fails to use reasonable care in the construction, maintenance, and management of the facility, having regard to the character of the exhibitions given and the customary conduct of patrons invited.
-No duty rules apply only to risks which are common, frequent and expected-no way affect duty to protect patrons from foreseeably dangerous conditions not inherent in the activity.
APPLICATION
-Is the subject in question an inherent feature of the amusement?
-The openings are an architectural feature that are not an inherent feature of baseball.
HOLDING
-The no-duty rule was improperly defined.
-The defendant had a duty and was negligent in breaching that duty.
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Subject: Analyzing of the care owed by the operator of a baseball stadium with respect to the risk that patrons may be hit by batted balls.
ISSUE
Was the defendant negligent in failing to protect plaintiff from certain risks?
FACTS
-P was standing in D’s baseball stadium, unaware that batting practice had begun, when a ball hit her. -She claims that the structure required patrons to turn attention away from activity on the field in order to safely navigate the concourse.
RULES
-An operator is not an insurer of his patrons-he will be liable for injuries to his patrons only where he fails to use reasonable care in the construction, maintenance, and management of the facility, having regard to the character of the exhibitions given and the customary conduct of patrons invited.
-No duty rules apply only to risks which are common, frequent and expected-no way affect duty to protect patrons from foreseeably dangerous conditions not inherent in the activity.
APPLICATION
-Is the subject in question an inherent feature of the amusement?
-The openings are an architectural feature that are not an inherent feature of baseball.
HOLDING
-The no-duty rule was improperly defined.
-The defendant had a duty and was negligent in breaching that duty.
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
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