Monday, November 10, 2014

Video Quiz: Assumption of the risk?

You may remember my discussion of the case involving a claim against the Kansas City Royals' mascot for hitting a fan with a flying hot dog (go here and here for my most recent comments on the case).  The claim raised the issue of whether getting hit by a flying hot dog is an inherent risk of the sport, which spectators assume when they go to the games.

There are also other cases out there discussing whether fans can bring a cause of action when mascots touch them, hug them or sit on their laps as some are known to do.

Now I have a new video quiz for you on a similar question.  What if the mascot is not a person in a costume but an actual animal?  

If you watched football yesterday, you may have seen this video of the Seattle Seahawks mascot flying off to the stands and sharing a moment with the fans.  Assume for the moment that the bird's talons cause an injury to the fan.  Would he have a cause of action for strict liability because the bird is an animal?  Or does the fan assume the risk by going to the game?  Does the team have a duty to protect fans from attacks by their mascots?  

Here is the video (if you can't see it below, go here):

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