Geoff's LawGems

Friday, June 18, 2004

Injured Fan Cannot Sue Red Sox for Foul Ball, Court Says

I found this recent case where a fan hit by a foul ball and badly injured was denied legal relief in part due to a "ticket waiver" found on the back of her ticket to the Red Sox game. Injured Fan Cannot Sue Red Sox for Foul Ball, Court Says I'll try and find more on this case, since this ruling would seem to fly in the face of most caselaw on waivers of liability and exculpatory contracts. The major point against enforcing them being, "come on... who reads all that fine print anyway?". From what I can tell there was argument that the fan should have been on notice that this could happen, which depending on precedent in Massachusetts courts, might hold some water. Still, I am suspicious that this case had about as much chance of succeeding as a suit against the Packers in Green Bay, WI would have.

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