Torts and Sports: Legal Liability in Professional and Amateur Athletics

By Raymond L. Yasser | Go to book overview
sue, which decided in favor of the defendant. On appeal, the court reversed and remanded, holding that the trial court's instructions were erroneous. The court's discussion of intervening causes in medical malpractice cases is especially noteworthy.

The point to be made is that the failure to provide adequate emergency medical assistance to an injured spectator would seem to provide a viable cause of action to the injured spectator, at least to the extent it can be shown that the injuries were aggravated by the lack of such care.

6. The spectator as a defendant. There are a number of obvious contexts in which spectators could find themselves on the receiving end of a summons and complaint. Overzealous fans are potential tortfeasors in a variety of fairly common situations, such as throwing debris on the playing surface or at the participants, including referees; fighting for souvenirs; and brawling with opposing fans. A number of years ago, it was quite popular at college football games for a group of fans to engage in what can be described as a "fan toss," wherein a fan was literally tossed about the crowd. If the human plaything is injured, are these fun-loving fans joint tortfeasors?

BIBLIOGRAPHY

Colapietro Bruno, "The Promoters Liability for Sports Spectator Injuries," 46 CORNELL LAW QUARTERLY140 ( 1960).

Conrad Alfred F., "The Privilege of Forcibly Ejecting an Amusement Patron," 90 UNIVERSITY OF PENNSYLVANIA LAW REVIEW809 ( 1942).

"Duty of Baseball Club to Spectator," 24 MICHIGAN LAW REVIEW76 ( 1925).

"Injuries to Spectators in the Course of Sporting Activities," 25 MODERN LAW REVIEW738 ( 1962).

"Liability of Proprietor of a Baseball Park for Injuries to Spectators Struck by Batted or Thrown Balls," 1951 WASHINGTON UNIVERSITY LAW QUARTERLY434.

"Owner Liability for Intentional Torts by Professional Athletes Against Spectators," 30 BUFFALO LAW REVIEW ( 1981).

Pooler S., "A Survey of the Law on Injuries to Spectators," 39 BOSTON UNIVERSITY LAW REVIEW54 ( 1959).

Siskind Gary E., "Liability for Injuries to Spectators," 6 OSGOOD HALL LAW JOURNAL305 ( 1968).

"Theaters and Shows--Assumption of Risk--Spectators at a Baseball Game," 17 MICHIGAN LAW REVIEW594 ( 1919).

Thomas Starr, "Liability of Exhibitors to Spectators at Public Exhibitions: Assumption of Risk," 24 CALIFORNIA LAW REVIEW429 ( 1936).

Turner Max W. & Kennedy Frank R., "Exclusion, Ejection, and Segregation of Theater Patrons," 32 IOWA LAW REVIEW625 ( 1947).

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