Dr. Kenneth Noisewater wrote:
What happened to her? How bad is she hurt?
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| Injured Fan Policy? https://mail.chicagofanatics.com/viewtopic.php?f=92&t=93589 |
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| Author: | bigfan [ Tue Apr 21, 2015 8:50 pm ] |
| Post subject: | Injured Fan Policy? |
Lawyers? I understand what is on the otherside of the ticket and signs warning those to watch for balls at baseball games....but I also am aware that a place that takes your coat doesnt get such relief of 'STOLEN PROPERTY" no matter what signs they have up if They steal your property. Will this fan be able to claim that MLB or the Pirates created a false sense of security with the net that didnt prevent her from getting hit? It is reasonable to say she would never have her back turned behind the plate if not for the net? I know MLB NEVER wants to even settle these cases for the fear of establishing some precedent....and I understand that position in all other areas of the park that are not protected. Opinions of the legal minds....and others? |
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| Author: | Hatchetman [ Tue Apr 21, 2015 8:52 pm ] |
| Post subject: | Re: Injured Fan Policy? |
not a legal mind, but one might reasonably think a net would be there to protect you from the ball |
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| Author: | Hawg Ass [ Tue Apr 21, 2015 8:53 pm ] |
| Post subject: | Re: Injured Fan Policy? |
bigfan wrote: Lawyers? I understand what is on the otherside of the ticket and signs warning those to watch for balls at baseball games....but I also am aware that a place that takes your coat doesnt get such relief of 'STOLEN PROPERTY" no matter what signs they have up if They steal your property. Will this fan be able to claim that MLB or the Pirates created a false sense of security with the net that didnt prevent her from getting hit? It is reasonable to say she would never have her back turned behind the plate if not for the net? I know MLB NEVER wants to even settle these cases for the fear of establishing some precedent....and I understand that position in all other areas of the park that are not protected. Opinions of the legal minds....and others? I am no lawer, but I hope she wouldn't win any case like that. That would be setting quite the example. I am sure of one thing though, there are lawers across the country lining up to take the case. |
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| Author: | Darkside [ Tue Apr 21, 2015 8:54 pm ] |
| Post subject: | Re: Injured Fan Policy? |
I'm sorry she got hurt but (this is gonna suck) you shouldn't be walking to your seat during play fucking the people behind you with your back to the damn play. If she had done the right thing, waiting for a break in play to waddle her ass to the seat, she'd have been fine. |
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| Author: | Dr. Kenneth Noisewater [ Tue Apr 21, 2015 8:54 pm ] |
| Post subject: | Re: Injured Fan Policy? |
What happened to her? How bad is she hurt? |
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| Author: | bigfan [ Tue Apr 21, 2015 8:56 pm ] |
| Post subject: | Re: Injured Fan Policy? |
Being that MLB has never settled or even contributed to such medical issues, I dont see them settling. One more question, as it seems if this went to a Jury trial or Peers, I think MLB loses such a trial? Would that be an issue? |
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| Author: | bigfan [ Tue Apr 21, 2015 8:57 pm ] |
| Post subject: | Re: Injured Fan Policy? |
Dr. Kenneth Noisewater wrote: What happened to her? How bad is she hurt?
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| Author: | Hawg Ass [ Tue Apr 21, 2015 8:57 pm ] |
| Post subject: | Re: Injured Fan Policy? |
Dr. Kenneth Noisewater wrote: What happened to her? How bad is she hurt? I don't know to be honest, other than she already has been released from the hospital this morning or late last night. |
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| Author: | bigfan [ Tue Apr 21, 2015 8:58 pm ] |
| Post subject: | Re: Injured Fan Policy? |
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| Author: | bigfan [ Tue Apr 21, 2015 9:00 pm ] |
| Post subject: | Re: Injured Fan Policy? |
I just know in the past some major injuries have happened to fans, that have caused serious medical issues. Recently at a Sox game, (not blaming the Sox here) and they had serious medical bills of which MLB would not allow the Sox to help out. They sent tickets, etc....but even in that case it was a fan sitting in an unprotected area. |
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| Author: | Apologist [ Tue Apr 21, 2015 9:02 pm ] |
| Post subject: | Re: Injured Fan Policy? |
She was leaning back against the netting. If there is video (which I'm sure PNC Park Corp/ MLB whomever would obtain i it went to proceedings), there is no chance in hell she has a case. It's unfortunate she wound up in the hospital, but you can't jurisdict against stupidity. |
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| Author: | DannyB [ Tue Apr 21, 2015 9:05 pm ] |
| Post subject: | Re: Injured Fan Policy? |
Here's one that went to trial, interesting reading. I was sitting about 8 seats away from this kid when it happened. http://www.leagle.com/decision/19921165 ... _11111.xml |
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| Author: | bigfan [ Tue Apr 21, 2015 9:07 pm ] |
| Post subject: | Re: Injured Fan Policy? |
Apologist wrote: She was leaning back against the netting. If there is video (which I'm sure PNC Park Corp/ MLB whomever would obtain i it went to proceedings), there is no chance in hell she has a case. It's unfortunate she wound up in the hospital, but you can't jurisdict against stupidity. Should she know that? The tensile strength of the net? I understand she should be more aware, as a ball can even get through a net, but I think if you had a 10 person jury, most people would think they are protected by a net and I think MLB might have the same thoughts. I assume iy has happened in hockey? even behind the nets. |
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| Author: | Darkside [ Tue Apr 21, 2015 9:11 pm ] |
| Post subject: | Re: Injured Fan Policy? |
bigfan wrote: Apologist wrote: She was leaning back against the netting. If there is video (which I'm sure PNC Park Corp/ MLB whomever would obtain i it went to proceedings), there is no chance in hell she has a case. It's unfortunate she wound up in the hospital, but you can't jurisdict against stupidity. Should she know that? The tensile strength of the net? I understand she should be more aware, as a ball can even get through a net, but I think if you had a 10 person jury, most people would think they are protected by a net and I think MLB might have the same thoughts. I assume iy has happened in hockey? even behind the nets. Dude. WATCH THE BALL IN PLAY. That's it. You don't turn your back to the damn play. you don't walk to your seat during play. It's A) only polite and B) smart. |
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| Author: | bigfan [ Tue Apr 21, 2015 9:13 pm ] |
| Post subject: | Re: Injured Fan Policy? |
At the conclusion of the trial, the jury returned a verdict for plaintiff in the amount of $67,500. Defendant filed a posttrial motion, which was denied. Defendant now appeals. Not even reading the appeal, as it just shows that a jury trial might not care about the experts that MLB would bring in... I did love the Cubs first swing at this "They requested these seats" lol |
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| Author: | DannyB [ Tue Apr 21, 2015 9:16 pm ] |
| Post subject: | Re: Injured Fan Policy? |
They do address the back of the ticket waiver defense: Defendant's third and final evidentiary objection is that the trial court erred in precluding defendant from presenting evidence of plaintiff's alleged contractual assumption of the risk. Defendant based this defense on a disclaimer of liability printed on the back of plaintiff's ticket. An express agreement to assume a risk will not be effective unless it appears that the plaintiff has given his or her assent to the terms of the agreement. (See Restatement (Second) of Torts, § 496B, comment c (1977); see also Larsen v. Vic Tanny International (1984), 130 Ill.App.3d 574, 577, 85 Ill.Dec. 769, 772, 474 N.E.2d 729, 732 (citing section 496B, comment d).) In this case, the trial court ruled that the disclaimer on the back of plaintiff's ticket could not form the basis of defense because the print was so small that it was not legibly reproduced on the photocopy submitted to the trial court. Plaintiff's acceptance of a ticket containing a disclaimer in fine print on the back is not binding for the purposes of asserting express assumption of the risk. (Restatement (Second) of Torts, § 496B, comment c, Illustration 1 (1977).) The cases relied upon by defendant involve signed agreements and are distinguishable on that basis. Consequently, the trial court did not err in barring the defense. |
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| Author: | Dr. Kenneth Noisewater [ Tue Apr 21, 2015 9:21 pm ] |
| Post subject: | Re: Injured Fan Policy? |
It didn't look like she was leaning on the net. |
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| Author: | Curious Hair [ Tue Apr 21, 2015 10:29 pm ] |
| Post subject: | Re: Injured Fan Policy? |
bigfan wrote: Should she know that? The tensile strength of the net? I understand she should be more aware, as a ball can even get through a net, but I think if you had a 10 person jury, most people would think they are protected by a net and I think MLB might have the same thoughts. I assume iy has happened in hockey? even behind the nets. The reason they have those nets above the ends now is because a teenage girl got hit in the head with an errant puck and died. I thought of that when this happened in Pittsburgh, because they thought this girl was going to be okay initially and then the next day or two, she was dead. |
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| Author: | Darkside [ Tue Apr 21, 2015 10:30 pm ] |
| Post subject: | Re: Injured Fan Policy? |
Was it Mario Lemieux who shot one into the crowd after the play was over and hurt someone? |
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| Author: | Curious Hair [ Tue Apr 21, 2015 10:37 pm ] |
| Post subject: | Re: Injured Fan Policy? |
In the incident I was talking about? No, that was Espen Knutsen in Columbus. But I'm sure Lemieux did something petulant and shitty. It's about as sure a thing as him smoking a pack before a game. |
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| Author: | Darkside [ Tue Apr 21, 2015 10:38 pm ] |
| Post subject: | Re: Injured Fan Policy? |
Curious Hair wrote: In the incident I was talking about? No, that was Espen Knutsen in Columbus. But I'm sure Lemieux did something petulant and shitty. It's about as sure a thing as him smoking a pack before a game. No no not in that game. I coulda sworn someone got brained at a pengs game in the late 90's... thought it was lemieux being a baggodix. |
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| Author: | Rod [ Tue Apr 21, 2015 11:07 pm ] |
| Post subject: | Re: Injured Fan Policy? |
I'm pretty sure the White Sox lost an appeal that involved a summary judgment by the Circuit Court regarding duty to warn. |
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| Author: | Darkside [ Tue Apr 21, 2015 11:13 pm ] |
| Post subject: | Re: Injured Fan Policy? |
Joe Orr Road Rod wrote: I'm pretty sure the White Sox lost an appeal that involved a summary judgment by the Circuit Court regarding duty to warn. I believe you, but how stupid can someone be to not know to watch for balls in play? Really. |
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| Author: | Matches Malone [ Wed Apr 22, 2015 5:10 am ] |
| Post subject: | Re: Injured Fan Policy? |
Joe Orr Road Rod wrote: I'm pretty sure the White Sox lost an appeal that involved a summary judgment by the Circuit Court regarding duty to warn. Don't know if it's one in the same, but I remember watching a Sox game maybe 8-10 years ago and seeing a foul ball go straight back, right through the netting and hit a man in the lower chest/stomach area. It was an ugly thing to witness. |
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| Author: | good dolphin [ Wed Apr 22, 2015 8:29 am ] |
| Post subject: | Re: Injured Fan Policy? |
most likely assumed risk...learned that at the knee of Score expert Eldon Ham |
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| Author: | Brick [ Wed Apr 22, 2015 8:37 am ] |
| Post subject: | Re: Injured Fan Policy? |
Another win for watching at home! |
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| Author: | KDdidit [ Wed Apr 22, 2015 9:44 am ] |
| Post subject: | Re: Injured Fan Policy? |
Pretty much every stadium has their ushers stop people from going to their seats while the ball or puck is in play. Some baseball teams only allow you to get seated between innings. I'm sure Pittsburgh probably has some variation of that policy, maybe a lawyer can take a swing with that. |
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| Author: | 312player [ Wed Apr 22, 2015 11:41 am ] |
| Post subject: | Re: Injured Fan Policy? |
If I'm on that jury ..she's getting paid...anywhere else in the park its an assumed risk..but behind that net should be safe to let your guard down . |
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