Case Study : Duty Of Care

869 WordsMar 17, 20164 Pages
Analysis DUTY OF CARE ISSUE -The issue is whether the commissioner of MLB failed to uphold his duties to properly enact safety measures against the danger of foul balls and shattered bat injuries through negligence towards MLB baseball spectators. RULE - Negligence occurs when an entity fails to exercise ordinary care to avoid injury to others. For a valid negligence claim the plaintiff must establish the following elements of proof: duty of care, breach of duty, cause in fact, proximate cause, and actual loss or harm. If the defendant can attack any of these elements they may successfully defend the negligence suit. The first element is establishing the presence of a duty of care owed by one party to another. ANALYSIS - Baseball stadium owners owe a certain level of care to the spectators attending the events in their parks. “The Baseball Rule” of tort law limits the liability of ballpark owners who screen the most dangerous areas of the stadiums, where on an ordinary occasion may result in possible risk of injury. In these areas fans expect to have protected seats (Kozlowski, 2013). This rule is adopted by a majority of jurisdictions which have taken measures to limit the duty of care owed to game goers, also to limit a flood of litigation. Those who choose to see the game from an unprotected area assume the risk of injury from foul balls and shattered bats that may enter the stands during normal play. One can argue that the commissioner owes a duty of care to

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