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A baseball flew out and hit a woman and it has nv been hit that far before. So..... i think it is not within the baseball club's premise of duty of care. Im new in law.... and am taking a higher level class, so I may sound alil ... insane. Also, in cases of tort, the burden of proof required is that the Plaintiff must establish "on the balance of probabilities" that the Defendant has been negligent. What is the burden of proof? anyone care to gimme an example of... a case that...involves a burden of proof?

2007-10-29 23:48:33 · 1 answers · asked by Zzz 1 in Politics & Government Law & Ethics

I have no details on this case as it was only communicated verbally from a law friend, and he claimed that its a very common law case that i can easily search online, but i havent found it yet. Thanks a lot for your help.

2007-10-30 00:42:37 · update #1

1 answers

Your example is unclear. I did handle liability claims for a major league baseball team. Res ajudicata applies to accidents involving baseballs. If a fan is hit by a baseball, in the stands while watching a game, there is no liability. The defense is "assumption of risk."
Courts have found in favor of plaintiffs when a batter accidentally lets a baseball bat fly into the stands. There was one interesting case where a fan went under the stands to get a refreshment. A baseball went through the vomitorium in the stands and hit the fan. He won on the grounds that there is no assumption of risk when standing in a food line.

2007-10-30 00:35:43 · answer #1 · answered by regerugged 7 · 1 0

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