Reference no: EM133753788

Respond to Brown

This week I will be discussing compensation for injuries at a baseball game and who is responsible for injuries to fans. Like anything you do in life or any event you attend there is always fine print that we as humans fail to read. I personally know that I normally fail to read the fine print but as I have gotten older, I am more cautious of the fine print and If I fail to read, I mentally prepare for any consequences that may happen. When it comes to compensation for injuries to fans and who is responsible, each circumstance may vary. If I was the lawyer for either party one of my first questions that I would ask would be what the injured personnel was doing when the injury occurred. Aking that question will help determine who was at fault the most and the process can proceed. Another question to ask is did the stadium take all the proper steps to make all the fans are safe during the entire duration of the game. A reason I would ask what the injured person was doing when the injury occurred because sports events can get rowdy especially when it's a rivalry game or alcohol is involved. When a fan is injured on accident whether its by a bat or ball most of the time a fan will try to sue.... Why? Because it's all about the money for some people. Depending on how the injury occurred the stadium or team will most likely settle out of court, however if they injury occurred because a fan was doing something reckless during the game then any injury that occurs is no longer the responsibility of the stadium or the teams.

Respond to ramon
This week I wanted to touch on the liability waivers printed on the athletic event tickets. I think it''s an interesting aspect of liability law. I''m sure that this has become a standard practice as soon as the first lawsuit was brought against an organization for injury or harm. Obviously these disclaimers are aimed towards protecting teams and venues from lawsuits brought against an organization in the off chance that an attendee is injured. I''m sure despite these disclaimers and the basic knowledge that injuries are possible, lawsuits do still occur and the enforceability does come into question in the courts.

Contract law

Of course with any sporting event where objects are flying around there has to be some assumption of risk. I could even surmise to say that one of the core principles behind liability waivers is the assumption of risk. This would hold any individual who engages in extracurricular activities, like attending an event where danger is present, responsible to accept the inherent risk associated with the sport. By purchasing a ticket, the fan implicitly agrees to terms and conditions associated with liability waiver on the ticket. For a liability waiver to be enforceable , it has to meet certain legal criteria. Is the waiver on the ticket clear and easily seen by the purchaser? Is the language easy to read or is it ambiguous? I would assume that if the waiver is too vague or hidden in fine print that the courts may deem it invalid (Almeter, 2024).

Tort law and negligence

Duty of care owed. Despite the fact that there could be waivers associated with the ticket holder, the owners and operators of the stadiums still owe their customers duty to care. Owners and operators should still take pride in maintaining a safe environment and taking reasonable steps to prevent harm from occurring. If a stadium has not taken preventative measures to make sure no harm occurs, then they could be found negligent in fulfilling this duty and a waiver may not protect them from liability. Leading into Gross negligence, liability waivers generally do not protect against claims of gross negligence or wilful misconduct. If a spectator or player can demonstrate that their injury was the result of extreme carelessness or intentional harm or the waiver is too overly broad in its terms of understanding, then the ticket purchaser had no real opportunity to try and understand the waiver (Wetherington Law Firm, 2024).

When it comes to public policy there could also be some problems with waivers if it is found that there is blatant abuse of power in the wording used or an unfair balance between the ticket holder and the venue. Also, some states may have stricter standards for what constitutes a valid waiver, while others may be more lenient.