Crucial Exams

Multistate Bar Examination Practice Question

During a professional baseball game, a fan chooses to sit in an unscreened seat along the third-base line, an area where foul balls frequently land. Although the fan watches the game attentively, a line-drive foul ball strikes the fan in the face, causing serious injury. The fan sues the team and the stadium owner for negligence. Under traditional common-law principles tested on the Multistate Bar Examination, which of the following best states the likely outcome of the fan's lawsuit?

  • The fan can recover partially under comparative negligence principles because primary assumption of risk is always merged into comparative fault and never completely bars recovery.

  • The fan will likely be barred from recovery because, by voluntarily sitting in an unscreened area and knowing of the danger, the fan assumed the inherent risk of being struck by a foul ball.

  • The fan can recover in full because stadium owners owe invitees an absolute duty to provide a safe environment regardless of assumed risks.

  • The fan may recover, but only if the team failed to provide any screened seating anywhere in the stadium.

Multistate Bar Examination
Torts
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