On exam, BASEBALL OR HOCKEY. Probably. Need to know the Why is there a special need to protect stadium operators as opposed to supermarkets? (Insurance rates go up with car accidents as well, not just ticket prices.) Solution is I guess don’t go to baseball game or hockey game or sit in safer seat. PARTICIPANT INJURIES Spectator sports, they are owned duty of care even with limited duty rule. But participants are different. Risks of injury are inherent at every level when playing sports. Question: when one participant causes injury to another how do you deal. There is NOT a business invitee relationship. People voluntarily entering into activity. Some sports can’t be handled with reasonable care. Golf you can. You can look behind and look ahead before hitting or yell “fore” But boxing, football, hockey, martial arts where you can’t play with maximum efficiency with reasonable care. What standard applies? Fixed set of rules Kids or adults? Violent sport v. passive sport? If race car driver on road like they do on normal road, it would be actionable. Nabozny v. Barnhill page 71 Goalie in the penalty area got kicked in the head. Clear violation under FEFA rules, can’t make contact with goalie when he has ball in penalty area. Court says he should go forward. P is suing to recover for personal injuries caused by NEGLIGENCE of D. Suggests a negligence standard. Negligence is NOT enough. You have to be acting RECKLESSLY or INTENTIONALLY. Not just violating a rule, but violating a safety rule. To violate tort principle in sports, you must be at least reckless or intention. That conduct must be in violation of a safety rule. That suggests a negligent or careless violation of a safety rule is not enough. What is reckless: page 84. Not quite intentional. What are the safety rules for a pick up game? Touch football kind of thing.
On exam, BASEBALL OR HOCKEY. Probably. Need to know the Why is there a special need to protect stadium operators as opposed to supermarkets? (Insurance rates go up with car accidents as well, not just ticket prices.) Solution is I guess don’t go to baseball game or hockey game or sit in safer seat. PARTICIPANT INJURIES Spectator sports, they are owned duty of care even with limited duty rule. But participants are different. Risks of injury are inherent at every level when playing sports. Question: when one participant causes injury to another how do you deal. There is NOT a business invitee relationship. People voluntarily entering into activity. Some sports can’t be handled with reasonable care. Golf you can. You can look behind and look ahead before hitting or yell “fore” But boxing, football, hockey, martial arts where you can’t play with maximum efficiency with reasonable care. What standard applies? Fixed set of rules Kids or adults? Violent sport v. passive sport? If race car driver on road like they do on normal road, it would be actionable. Nabozny v. Barnhill page 71 Goalie in the penalty area got kicked in the head. Clear violation under FEFA rules, can’t make contact with goalie when he has ball in penalty area. Court says he should go forward. P is suing to recover for personal injuries caused by NEGLIGENCE of D. Suggests a negligence standard. Negligence is NOT enough. You have to be acting RECKLESSLY or INTENTIONALLY. Not just violating a rule, but violating a safety rule. To violate tort principle in sports, you must be at least reckless or intention. That conduct must be in violation of a safety rule. That suggests a negligent or careless violation of a safety rule is not enough. What is reckless: page 84. Not quite intentional. What are the safety rules for a pick up game? Touch football kind of thing.