Via How Appealing, a New Mexico appellate court has rejected the "baseball rule" which shields stadium operators from liability for injuries to spectators. The opinion in Crespin v. Albequerque Isotopes provides an excellent discussion of the legal issues involved, including the implications of the abolition of "Assumption of Risk" suggested by the authors of the Restatement of Torts (Third) for the long-sacred rule that baseball arenas need only screen the most dangerous areas of the park to protect fans from injury. A must-read opinion for anyone interested in the intersection of torts and sports law.
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