Question

Rachel attends weekly major league baseball games with her boyfriend. One day, she gets hit in the head by a foul ball. If Rachel sues the baseball stadium for negligence related to the damages she sustained from the ball hitting her head, but the stadium prevails, what would be the stadium's winning defense

Answer 1

Implied assumption of the risk

Step-by-step explanation:

Implied assumption of the risk is the situation whereby the plaintiff underwent the full event with full knowledge understanding of the possible harm to him or herself and consent to the risk under those circumstances. In a baseball game, there's always a risk of the ball hitting the fans seated in the stadium. Each stadium going fan is aware of this risk and consent to it whenever the ugh choose to watch the game live from inside the stadium. Thus, the stadium would use the implied assumption of risk in winning a law suit that Racheal sues them for. Implied assumption of risk points to the fact that the individual voluntarily and knowingly assumed the risk present or associated with the activity.