意外责任险第 422 / 531 题
A spectator sits behind the dugout at an amateur ball game, is struck by a foul ball, and sues the club. The club's strongest defence is that the spectator:
a.knew of and accepted an obvious inherent risk
b.owed the club a reciprocal duty of reasonable care
c.was a licensee rather than an invitee that day
d.failed to prove the club carried enough insurance
解析
Assumption of risk defeats a negligence claim when the injured person knew of a hazard inherent in an activity and voluntarily accepted it; foul balls reaching the seats are the classic illustration. The licensee-versus-invitee answer misuses premises status, which changes the degree of care owed rather than defeating the claim. How much insurance the club bought is not an element of the plaintiff's case.
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