Interesting article by John T. Wolohan …
If you had quickly glanced at the North Carolina Lawyers Weekly headline in late December — “Spectator Hit By Soccer Ball Can Sue” — you might have been inclined to believe that the case described was just another example of our overly litigious society rewarding someone for his or her own carelessness. However, if you read a little deeper into the case, you can see that the decision to allow the case to go to trial is reasonable.
Facility owners and operators have a duty to exercise reasonable care in the maintenance of their facilities and to provide a safe environment for visitors. By failing to install protective netting behind the goals, an area located only 10 feet from the stands, it could be argued that the facility breached its duty to provide a safe environment and carelessly exposed fans to potential danger.
Read the whole article at Athletic Business (Jan. 28. 2009)