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Saving on the Bleachers

Lorino v. New Orleans Baseball & Amusement Co. (1931)

Charge: Negligence - fan in the cheap bleachers hit by a foul ball during pre-game practice (suit against the club)Court: Court of Appeal of Louisiana, OrleansDocket: Rain Delay

Does a fan who chooses cheaper, unprotected bleacher seats assume the risk of foul balls when protected seats were available?

The facts

To save money, a fan bought a ticket for the uncovered bleachers rather than the protected grandstand. The bleachers sat about 158 feet from home plate behind only a small wire screen roughly five feet high. While he was looking for a seat during pre-game practice, a foul ball hit him on the side of the head and fractured his jaw. He had been to games before. The trial court dismissed his suit, and the appeals court had to decide whether the club owed him more protection.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: Lorino v. New Orleans Baseball & Amusement Co., 16 La. App. 95, 133 So. 408 (La. Ct. App. 1931)

Read more at case-law.vlex.com. The source reveals the outcome.

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