Tuesday, October 17, 2017

Injured Spectator vs The Chicago Cubs; Will This Be the Case That Establishes a New Rule?

Readers of this blog probably saw the news that a baseball fan has sued the Chicago Cubs seeking compensation for the loss of sight in his left eye after he was hit by a foul ball during a Cubs game earlier this year.  This question has been litigated many times in many jurisdictions and, as it stands right now, the law favors baseball stadium owners.

In most cases, the discussion of the courts has focused on either whether the defendants have a duty to the spectator or whether the spectator assumed the risk of injury by choosing to sit close to the field.  Often, whether the issue is defined as the former or the latter, court and commentary refer to the analysis as one involving "the baseball rule," which is really a reference to the result of the application of the analysis. The case against the Cubs is different, however, because in Illinois, there is a specific statute that limits the possible liability of baseball stadium owners. 

I wrote a short comment on this a few days ago in The John Marshall Law School Law Review blog.  You can read it here.

Friday, October 13, 2017

Lawsuit filed against manufacturers of "bump stocks" in response to Las Vegas shooting

The Torts Prof blog is reporting that witnesses to the mass shooting in Las Vegas have filed a would-be class action lawsuit against manufacturers of bump stocks, the device used by shooter Stephen Paddock to accelerate gunfire from his semi-automatic weapon.  Causes of action include negligence, infliction of emotional distress, products liability, and public nuisance.  The ABA Journal has more details.

Unfortunately, given the state of the law, the lawsuit is not likely to be successful.  Again, The ABA Journal has more information here.