NECN on June 8, 2015, interviewed Jeffrey N. Catalano of Todd & Weld LLP concerning the potential legal rights of the Boston Red Sox fan who suffered serious injuries at Fenway Park when struck by a shattered bat during a game.
The NECN report indicated that every Red Sox ticket stub states the ticket holder voluntarily assumes all risks and danger of personal injury incidental to the game of baseball and related activities at Fenway Park, including the danger of being injured by thrown or flying bats and balls.
Mr. Catalano told NECN that the assumption of risk defense is no longer in effect in Massachusetts. The injured fan could potentially assert a claim based on a duty-to-remedy legal theory, he said.
"What that means is, if a landowner is aware of and/or creates an unsafe condition on his property – in this case, if the ballpark were to be aware of an unsafe condition or unsafe design – one would have the ability to pursue a claim under that theory, even if it's considered an open and obvious risk of going to a ball park that you might get hit by a bat or a ball," Mr. Catalano said in the interview. "And I would think that being hit by a bat is less of an 'open and obvious' risk than getting hit by a foul ball."
Mr. Catalano, a partner at the firm, represents victims of catastrophic injuries in the areas of medical negligence, product liability, auto accident, class action, and other personal injury cases.
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