Assumptions about spectator injuries at sporting events
By Larry H. Lum

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Spectator Injuries

Facts: A spectator attending a professional baseball or hockey game is struck in the face or head by a foul ball or errant puck, resulting in the loss of an eye, skull fracture, brain damage, etc.

Query: The spectator will be unable to maintain a viable cause of action in tort because:

(A) he or she assumed the risk of injury merely by attending the game?

(B) the language on the back of the ticket expressly disclaims any right to sue in the event of such an injury?

(C) an announcement made over the public address system and scoreboard that no one can be held liable in the event a spectator is struck by a ball or puck effectively bars any cause of action?

(D) the risk of getting hit by a foul ball or errant puck is such an open and obvious hazard that no cause of action exists as a matter of law?

(E) none of the above?

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