Duty to Protect Spectators

There is still a duty toward spectator at a game or sporting event to use ordinary reasonable care. of property--to use ordinary care to keep the premises in a reasonably safe condition. The court is unclear as to where the duty is to be followed. Moreover, in many cases, the assumption of risk doctrine applies which makes liability inapplicable. The court has commonly regarded the issue as a question of fact to determine whether or not a possessor has acted reasonably in respect to the probability of harm to the invitee under the circumstances, and whether or not the invitee has acted reasonably in view of his or her knowledge of the obvious risk involved. Furthermore, the Supreme Court has also addressed the question of the proper analysis of implied assumption of risk in a case involving an injury incurred during participation in an active sport. The Court decided in certain cases involving injuries to spectators and indicated that liability will not depend on the subjective knowledge of the plaintiff, but on the nature of the sport and the steps the sponsoring business entity reasonably should be obligated to take to minimize the risks without altering the nature of the sport.

Duty Toward Participants

There is a duty to be imposed by a possessor of a sports facility or amusement park owes a participant the duty to exercise ordinary care to keep the premises and all devices in a reasonably safe condition. In regards to sporting events. However, in certain instances participants in sporting events and amusement park activities can be held to have assumed the risk.

We Will Get You The Money You Deserve!

Choose an Experienced Personal Injury Lawyer

If you, a family member or friend has suffered a personal injury because of the neglect of another, contact us immediately to discuss your case.  We will guide you throughout the legal process and get you the money you deserve -- using all the skills from our years of personal injury law practice.  Give us a call today for a Free Consultation. We are on your side. We will help you.