Benchmarks: Fan nailed in ‘Hotdog Launch’ gets new trial 
By:
Pat Murphy
Published: March 19, 2013
Tags: assumption of risk, assumption of the risk, baseball rule, negligence
Baseball fans assume the risk of being struck by foul balls, not hotdogs flung by a team mascot named “Sluggerrr.”
That pretty much sums up a recent ruling from the heartland.
Benchmarks: ‘Baseball Rule’ doesn’t bar injured fan’s suit
By:
Pat Murphy
Published: February 27, 2013
Tags: assumption of risk, assumption of the risk, baseball, baseball rule, negligence
An injured baseball fan usually has about as much chance of winning a negligence suit as my Cleveland Indians have of winning a World Series.
But the Idaho Supreme Court just gave the go ahead to the personal injury action of a spectator who lost an eye to a foul ball.
Home caregiver assumed risk of injury
Published: February 1, 2013
Tags: Alzheimer's disease, assumption of the risk, negligence, premises liability
A home caregiver assumed the risk of injuries suffered in an attack by an Alzheimer’s patient, the California Court of Appeal has ruled in affirming a summary judgment.
Benchmarks: Caregiver assumed risk of attack by Alzheimer’s patient
By:
Pat Murphy
Published: January 30, 2013
Tags: Alzheimer's, assumption of risk, assumption of the risk, battery, negligence, premises liability
A California home care worker suffered serious stab wounds in 2008 when an 85-year-old Alzheimer’s patient suddenly turned on her.
This week, a state court ruled that the caregiver assumed the risk of her injuries.
Amusement park customer assumed risk of injury
Published: January 8, 2013
Tags: assumption of the risk, negligence
An amusement park customer assumed the risk of injury from head-on collisions in the course of a bumper car ride, the California Supreme Court has ruled in reversing judgment.
Deliveryman can sue for slip on black ice
Published: November 2, 2011
Tags: assumption of the risk, slip and fall
The assumption of the risk doctrine did not apply to bar the personal injury claim of a deliveryman who slipped and fell on black ice, Maryland’s highest court has ruled in reversing a summary judgment.
Golfer not liable for failing to shout ‘Fore!’
By:
Pat Murphy
Published: December 23, 2010
Tags: assumption of the risk, golf, negligence
A golfer isn’t liable for injuries suffered by a friend as a result of an errant shot, New York’s highest court has ruled.
Contributory negligence inapplicable to jail suicide
By:
Pat Murphy
Published: December 9, 2010
Tags: assumption of the risk, contributory negligence, wrongful death
Defendants in a jail suicide case could not avoid liability by asserting contributory negligence and assumption of the risk, the Washington Supreme Court has ruled in granting a new trial.
Assumption of risk instruction required in FELA case
By:
Pat Murphy
Published: December 6, 2010
Tags: assumption of the risk, Federal Employers’ Liability Act
A jury in a federal employer liability case should have been explicitly instructed that the assumption of the risk defense did not apply, Maryland’s highest court has ruled in ordering a new trial.
Plaintiff assumed risk of fall on ice
By:
Correy Stephenson
Published: October 8, 2010
Tags: assumption of the risk, slip and fall
A plaintiff can be held to have voluntarily assumed the risk of slipping on ice or snow because she had a safe alternate course of action, a Maryland appellate court has ruled.
