It is currently Fri Nov 22, 2024 3:38 am

All times are UTC - 6 hours [ DST ]




Post new topic Reply to topic  [ 28 posts ] 
Author Message
 Post subject: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 8:50 pm 
Offline
User avatar

Joined: Wed Dec 31, 1969 7:00 pm
Posts: 40983
Location: Chicago
pizza_Place: Lou Malanati's
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?

_________________
"That's what the internet is for. Slandering others anonymously." Banky
“Been that way since one monkey looked at the sun and told the other monkey ‘He said for you to give me your fuckin’ share.’”


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 8:52 pm 
Offline
User avatar

Joined: Mon Jan 19, 2009 11:19 am
Posts: 23915
pizza_Place: Jimmy's Place
not a legal mind, but one might reasonably think a net would be there to protect you from the ball

_________________
Reality is your friend, not your enemy. -- Seacrest


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 8:53 pm 
Offline
User avatar

Joined: Mon Jul 16, 2007 2:00 pm
Posts: 30318
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.

_________________
2018
#ExtendLafleur
10 More Wins


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 8:54 pm 
Offline
User avatar

Joined: Wed Jun 28, 2006 9:29 am
Posts: 65749
Location: Darkside Estates
pizza_Place: A cat got an online degree.
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.

_________________
"Play until it hurts, then play until it hurts to not play."
http://soundcloud.com/darkside124 HOF 2013, MM Champion 2014
bigfan wrote:
Many that is true, but an incomplete statement.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 8:54 pm 
Offline
User avatar

Joined: Fri Oct 20, 2006 9:15 pm
Posts: 48800
Location: Bohemian Club Annual World Power Consolidation Conference & Golf Outing
pizza_Place: World Fluoridation Conspiracy Pizza & WINGS!
What happened to her? How bad is she hurt?

_________________
You know me like that.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 8:56 pm 
Offline
User avatar

Joined: Wed Dec 31, 1969 7:00 pm
Posts: 40983
Location: Chicago
pizza_Place: Lou Malanati's
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?

_________________
"That's what the internet is for. Slandering others anonymously." Banky
“Been that way since one monkey looked at the sun and told the other monkey ‘He said for you to give me your fuckin’ share.’”


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 8:57 pm 
Offline
User avatar

Joined: Wed Dec 31, 1969 7:00 pm
Posts: 40983
Location: Chicago
pizza_Place: Lou Malanati's
Dr. Kenneth Noisewater wrote:
What happened to her? How bad is she hurt?

Image

_________________
"That's what the internet is for. Slandering others anonymously." Banky
“Been that way since one monkey looked at the sun and told the other monkey ‘He said for you to give me your fuckin’ share.’”


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 8:57 pm 
Offline
User avatar

Joined: Mon Jul 16, 2007 2:00 pm
Posts: 30318
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.

_________________
2018
#ExtendLafleur
10 More Wins


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 8:58 pm 
Offline
User avatar

Joined: Wed Dec 31, 1969 7:00 pm
Posts: 40983
Location: Chicago
pizza_Place: Lou Malanati's
Image

_________________
"That's what the internet is for. Slandering others anonymously." Banky
“Been that way since one monkey looked at the sun and told the other monkey ‘He said for you to give me your fuckin’ share.’”


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 9:00 pm 
Offline
User avatar

Joined: Wed Dec 31, 1969 7:00 pm
Posts: 40983
Location: Chicago
pizza_Place: Lou Malanati's
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.

_________________
"That's what the internet is for. Slandering others anonymously." Banky
“Been that way since one monkey looked at the sun and told the other monkey ‘He said for you to give me your fuckin’ share.’”


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 9:02 pm 
Offline
User avatar

Joined: Wed Mar 26, 2008 3:23 pm
Posts: 7415
Location: Liquor in the front, Poker in the rear
pizza_Place: Lou's, Pequod's
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.

_________________
1926-1931-1934-1942-1944-1946-1964-1967-1982-2006-2011


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 9:05 pm 
Offline
User avatar

Joined: Thu Apr 03, 2014 11:45 am
Posts: 2940
pizza_Place: Drag's
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

_________________
Soccer 1,2,3
Spanish Honor Society 1,2,3,4
Forensics 1,2,3,4

"Smiles with Nostrils"

"...no Hmong, go find some blacks"


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 9:07 pm 
Offline
User avatar

Joined: Wed Dec 31, 1969 7:00 pm
Posts: 40983
Location: Chicago
pizza_Place: Lou Malanati's
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.

_________________
"That's what the internet is for. Slandering others anonymously." Banky
“Been that way since one monkey looked at the sun and told the other monkey ‘He said for you to give me your fuckin’ share.’”


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 9:11 pm 
Offline
User avatar

Joined: Wed Jun 28, 2006 9:29 am
Posts: 65749
Location: Darkside Estates
pizza_Place: A cat got an online degree.
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.

_________________
"Play until it hurts, then play until it hurts to not play."
http://soundcloud.com/darkside124 HOF 2013, MM Champion 2014
bigfan wrote:
Many that is true, but an incomplete statement.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 9:13 pm 
Offline
User avatar

Joined: Wed Dec 31, 1969 7:00 pm
Posts: 40983
Location: Chicago
pizza_Place: Lou Malanati's
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

_________________
"That's what the internet is for. Slandering others anonymously." Banky
“Been that way since one monkey looked at the sun and told the other monkey ‘He said for you to give me your fuckin’ share.’”


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 9:16 pm 
Offline
User avatar

Joined: Thu Apr 03, 2014 11:45 am
Posts: 2940
pizza_Place: Drag's
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.

_________________
Soccer 1,2,3
Spanish Honor Society 1,2,3,4
Forensics 1,2,3,4

"Smiles with Nostrils"

"...no Hmong, go find some blacks"


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 9:21 pm 
Offline
User avatar

Joined: Fri Oct 20, 2006 9:15 pm
Posts: 48800
Location: Bohemian Club Annual World Power Consolidation Conference & Golf Outing
pizza_Place: World Fluoridation Conspiracy Pizza & WINGS!
It didn't look like she was leaning on the net.

_________________
You know me like that.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 10:29 pm 
Offline
User avatar

Joined: Thu Nov 16, 2006 6:29 pm
Posts: 55941
pizza_Place: Barstool One Bite Frozen
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.

_________________
Molly Lambert wrote:
The future holds the possibility to be great or terrible, and since it has not yet occurred it remains simultaneously both.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 10:30 pm 
Offline
User avatar

Joined: Wed Jun 28, 2006 9:29 am
Posts: 65749
Location: Darkside Estates
pizza_Place: A cat got an online degree.
Was it Mario Lemieux who shot one into the crowd after the play was over and hurt someone?

_________________
"Play until it hurts, then play until it hurts to not play."
http://soundcloud.com/darkside124 HOF 2013, MM Champion 2014
bigfan wrote:
Many that is true, but an incomplete statement.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 10:37 pm 
Offline
User avatar

Joined: Thu Nov 16, 2006 6:29 pm
Posts: 55941
pizza_Place: Barstool One Bite Frozen
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.

_________________
Molly Lambert wrote:
The future holds the possibility to be great or terrible, and since it has not yet occurred it remains simultaneously both.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 10:38 pm 
Offline
User avatar

Joined: Wed Jun 28, 2006 9:29 am
Posts: 65749
Location: Darkside Estates
pizza_Place: A cat got an online degree.
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.

_________________
"Play until it hurts, then play until it hurts to not play."
http://soundcloud.com/darkside124 HOF 2013, MM Champion 2014
bigfan wrote:
Many that is true, but an incomplete statement.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 11:07 pm 
Offline
Site Admin
User avatar

Joined: Sun Apr 04, 2010 10:00 am
Posts: 79540
Location: Ravenswood Manor
pizza_Place: Pete's
I'm pretty sure the White Sox lost an appeal that involved a summary judgment by the Circuit Court regarding duty to warn.

_________________
Anybody here seen my old friend Bobby?
Can you tell me where he's gone?
I thought I saw him walkin' up to The Hill
With Elon, Tulsi, and Don


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Tue Apr 21, 2015 11:13 pm 
Offline
User avatar

Joined: Wed Jun 28, 2006 9:29 am
Posts: 65749
Location: Darkside Estates
pizza_Place: A cat got an online degree.
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.

_________________
"Play until it hurts, then play until it hurts to not play."
http://soundcloud.com/darkside124 HOF 2013, MM Champion 2014
bigfan wrote:
Many that is true, but an incomplete statement.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Wed Apr 22, 2015 5:10 am 
Offline
User avatar

Joined: Thu Apr 01, 2010 11:33 am
Posts: 6189
Location: Limbo
pizza_Place: Positanos on 55th Street
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.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Wed Apr 22, 2015 8:29 am 
Offline
User avatar

Joined: Thu Feb 17, 2005 2:35 pm
Posts: 82203
most likely assumed risk...learned that at the knee of Score expert Eldon Ham

_________________
O judgment! Thou art fled to brutish beasts,
And men have lost their reason.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Wed Apr 22, 2015 8:37 am 
Offline
User avatar

Joined: Wed Jun 21, 2006 6:57 pm
Posts: 92037
Location: To the left of my post
Another win for watching at home!

_________________
You do not talk to me like that! I work too hard to deal with this stuff! I work too hard! I'm an important member of the CSFMB! I drive a Dodge Stratus!


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Wed Apr 22, 2015 9:44 am 
Offline
User avatar

Joined: Tue Jun 27, 2006 11:28 am
Posts: 23822
Location: Boofoo Zoo
pizza_Place: Chuck E Cheese
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.


Top
 Profile  
 
 Post subject: Re: Injured Fan Policy?
PostPosted: Wed Apr 22, 2015 11:41 am 
Offline
User avatar

Joined: Sun Jan 30, 2011 10:15 am
Posts: 27591
pizza_Place: nick n vito's
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 .

_________________
The Original Kid Cairo wrote:
Laurence Holmes is a fucking weirdo, a nerd in denial, and a wannabe. Not a very good radio host either.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 28 posts ] 

All times are UTC - 6 hours [ DST ]


Who is online

Users browsing this forum: No registered users and 15 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Search for:
Jump to:  
Powered by phpBB® Forum Software © phpBB Group