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5 pages/β‰ˆ1375 words
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APA
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Literature & Language
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Essay
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English (U.S.)
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Legal Assignment, State Senator Albert, Baseball Rule

Essay Instructions:

MAJORITY OPINION OF THE COURT
On this appeal, we are called upon to define the scope of the duty owed by a proprietor of a baseball field to the spectators attending its games. The specific question presented is whether such an owner, having provided protective screening for the area behind home plate, is liable in negligence for the injuries sustained by a spectator as a result of being struck by a foul ball while standing in an unscreened section of the field. This case does not involve the “culpable conduct” - be it assumption of risk or contributory negligence--of a spectator injured in the course of a baseball game.
In the early afternoon of April 14, 1976, plaintiff attended a high school baseball game that was being played on a field owned and maintained by defendant Glens Falls City School District. The field was equipped with a backstop 24 feet high and 50 feet wide. This backstop was located 60 feet behind home plate and was positioned in front of bleachers that could seat approximately 120 adults. There was additional standing room behind the backstop as well. Two chain link fences, three feet in height, ran from each end of the backstop along the base lines to a distance approximately 60 feet behind first and third base.

Essay Sample Content Preview:

Baseball Rule
Name:
Institution:
Course:
Date:
TO: State Senator Albert
FROM: Personal Assistant
DATE: April 21, 2017
SUBJECT: Baseball Rule
Baseball is a sport that is associated with injuries especially for the fans that come to enjoy the game. This is not just limited to the fans on the field, as there have been cases where some of the passerby have been hurt by flying balls and in some of the cases broken bats. In Gallatin, there have been some cases where fans and passersby have been hurt by balls and bats on and off the field. There are number of ballparks at various level, such as professional, semiprofessional and some that are recreational. However, there have not been cases where the persons that have been hurt within or without the fields have pressed charges. It however important that there some element of legislation to capture the logistics of the risks associated with the parks for the fans and persons off the field. In some of the states there they have enacted the baseball rule, such as the city of New York. This is a law that elaborates on the liability of the fans and any one that comes to the watch the games or even in the nearby places to the ballpark. This is a crucial element that helps when it comes to deciding the liabilities where fans are injured. There are two aspects of the liability associated with the injured party and the owner of the ballpark. This Memorandum is about establishing the need to bring about the baseball rule in Gallatin. The state of Gallatin needs to establish if there is need to put in place the baseball rule at the same time there is also the issue of the jury deciding some of the cases at the same time there is the issue of assumption of risk. The latter is basically associated with the fact that the fans assumes the liability of the injuries that they may incur. This is to mean that, in the case that there is an injury, the court will assume the injured party first takes the liability of being in or around the field.
Whether the fans are standing or seated as they cheer their favorite teams, this they do at their own risks and if they are hurt during the game it is important that they understand that they are doing so at their risk. This is a rule that is roughly a century old and pushed the liability of the injuries that fans incur when they are on or off the field to the fans. The owners and the operators of the facilities are absolved of the liability regardless of the fact that, they invited the fans to come and watch their events. Some of the injuries that are covered under these rules include where the fans are involved in balls flying off into the fans stands or even parts of the bats which are broken flying into spaces that the fans are occupying. As such, for the fans that come to watch the games at the close-range seats, it is important that they understand they have to stay alert at all times. It is upon them to make sure they ensure their own safety.
There are cases where some of the fans will be involved in court cases, as they sue the facilities. In this case, it is crucial to consider the element of the assumption of risk. Where the state involves the assumption of risks as part of the legal framework, the fans also have to assume the ris...
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