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.
Was the defendant negligent in failing to protect plaintiff from certain risks?
-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.
-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.
-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.
-The no-duty rule was improperly defined.
-The defendant had a duty and was negligent in breaching that duty.
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