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If They Have No Duty To Protect, Why Do They Bother With The Net Behind The Plate?
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The Ohio Supreme Court says that a fan injured -- blinded, he says -- by a foul ball at a Cleveland Indians game can sue, and, yes, the tickets have that disclaimer on them, but his contention is that the injury came because ushers were relocating him and others to clear the way for post-game fireworks and were distracting him. So, this comes down to whether the ushers' actions were more of a proximate cause of his injuries than the risk he assumed of just being there. The Indians' attorneys say that the team owes no duty to spectators regarding protection from foul balls, but then throw in "despite in-game instructions or distractions," and that, I'm not so sure about. If a team employee demands you look to your left and a second later, a ball hits you from the right, doesn't the team bear some liability? (Cleveland.com)
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