I run a business where people can become a baseball star for a day. People pay to learn how to hit a ball like the pros and even get a baseball card made. One of the stations has people “take batting practice.” An attendee is claiming that the ball thrown to him missed and injured his elbow. Now he wants to sue for medical injuries. My best defense against his claim would be….
Comparative fault
Assumption of Risk
No causation
Consent
Answer
Assumption of Risk
In this case, people who choose to do certain dangerous activities can’t turn around and hold others liable when they’re injured from those activities like in the case, where the baseball injures the person which he already knew that the activity was risk from the descriptions given such as “take batting practice.”
Explanation
It is clear that accidents are freak occurrences that couldn’t have been predicted and in line with this, it is apparent that certain activities come with an innate risk, and plaintiffs who voluntarily participate in these activities and in one way or another end up being injured, cannot sue based on negligence theory. The defense holds that people who choose to do certain dangerous activities can’t turn around and hold others liable when they’re injured from those activities like in the case, where the baseball injures the person which he already knew that the activity was risk from the descriptions given such as “take batting practice.”
