Exam 15: Liability Issues and Venueevent Operations

Under premise liability, the duty to repair must be satisfied within a reasonable amount of time.

Crowd management plans should specifically address security personnel.

AED protocols do not need to be developed with insight from medical professionals.

Safe Place statutes make it easier for a victim of fan violence to prevail in a negligence lawsuit.

A runner in a 5k race is classified as a business licensee.

Identify and provide at least one example for each of the duties owed to a business invitee by a stadium or venue operator.

Describe the difference between an invitee and a licensee.

The scope of duty owed to a licensee is considerably less than that owed to an invitee.

Jim is a maintenance worker directly employed by River Valley Park, a state owned and operated park in South Carolina that charges a fee for any use. While nearing the end of his cleaning route, he discovers that the warning sign in front of a secluded, but steep embankment has been removed. Jim considers erecting a new sign immediately, but decides it is not likely anyone will approach the embankment for several days, since the weather forecast calls for rain. Instead, Jim decides to head home for the day and worry about replacing the sign later that week. The following morning, Sally slips down the embankment while looking for a set of keys she lost earlier in the week while jogging. Sally sues both the state and Jim for negligently maintaining the park facility. Please discuss any legal issues present from the perspective of premise liability.

Property owners have a duty to warn of hidden or concealed dangers with respect to:

If a plaintiff understands and voluntarily agrees to accept the inherent risks of an activity, this is called ________.

In a premises liability case, the plaintiff will not prevail if the danger complained of is:

Martin Love, 76, was attending an Atlanta Braves game. After a Braves player hit a home run, Atlanta's mascot, Homer the Brace, entered the field of play and began firing T-shirts into the stands with an air cannon. One of the rolled shirts, wrapped with 2 strips of masking tape, struck Love in the left eye and knocked him out. Love stated he was not paying attention to Homer at the moment he was struck by the projectile because he was watching the players in the dug-out celebrate the home run. Love sued the Atlanta Braves for $75,000 in damages as he claimed he sustained permanent eye damage when he was struck. Love's lawyer noted that getting struck by a foul ball is an inherent risk of baseball and a risk spectators assume at a baseball game, but not getting struck by a flying T-shirt. What duty is owed to Mr. Love and should the stadium be liable for injuries to Mr. Love due to the mascot's distracting behavior during the game or the type of promotional activity involved? Specifically discuss the "status" of the guests and the scope of duties owed, if any. You should specifically discuss how the following defenses/exceptions would be applied in this situation: Inherent Risk, Limited Duty Rule, Distraction Doctrine. All relevant cases from your text should be integrated into your analysis.

Premise operators have an absolute duty to warn about open and obvious risks.

Dram shop acts prevent liability against commercial establishments that serve alcohol to minors or to persons who are visibly intoxicated when the inebriate subsequently injures a third party.

A spectator was traveling along a paved walkway at a baseball game when she was injured by a bat that flew out of the batter's hands. The point of injury was eighty feet away from home plate, and almost to first base. Does the facility manager have a duty to screen this area for potential dangers? Why or why not?

Crowd control plans should be based on which of the following factors?

Property owners can intentionally harm trespassers if the harm is foreseeable.

In baseball, a spectator who is injured by a foul ball often may not prevail in a suit against the stadium if the facility provided safety screening in the most dangerous areas in the stadium and enough seats in protected areas to meet ordinary demand. This is known as the ________.