Casualty & LiabilityQuestion 94 of 215
A spectator at a baseball game is struck by a foul ball and sues the stadium. Under California law, which defense is the stadium MOST LIKELY to assert?
a.Primary assumption of risk – the risk of being hit by a foul ball is inherent in attending a baseball game
b.Vicarious liability
c.Joint and several liability
d.Contributory negligence as a complete bar
Explanation
Under Knight v. Jewett, California recognizes 'primary assumption of risk' as a complete defense when a plaintiff voluntarily participates in (or attends) an activity with risks that are INHERENT to that activity. Being hit by a foul ball is an inherent risk of attending a baseball game (the 'Baseball Rule'), so the stadium owes no duty to protect spectators from that risk beyond reasonable measures. California abolished CONTRIBUTORY negligence as a complete bar in 1975 (Li v. Yellow Cab).
Law Reference: Assumption of risk doctrine (Knight v. Jewett, 3 Cal. 4th 296 (1992))Practice all 215 questions free — no signup required.
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