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Adam accepted an invitation from his friend to attend a baseball game. The seats the friend had purchased were very good, a few rows up
Adam accepted an invitation from his friend to attend a baseball game. The seats the friend had purchased were very good, a few rows up from the field, and just past first base. Adam had recently immigrated to the United States and knew nothing about baseball.
During the game, a player, Brad, hit a ground ball toward third base. The third baseman fielded the ball and threw to the first baseman. Brad thought he was safe but the first base umpire called him out Brad began to argue with the umpire, and in frustration, Brad threw his batting helmet to the ground. The helmet, made of a strong, hard plastic material, bounced on the ground and flew into the stands, striking Adam on the side of the head, causing a serious injury. Adam never saw the helmet coming towards him because he was looking around the stadium at the time rather than at the play on the field. As he was unfamiliar with the game of baseball, Adam did not know that objects occasionally fly into the stands during a baseball game.
QUESTION: In a lawsuit filed by Adam against Brad, what arguments would Adam make in support of his claim of negligence, what defenses can reasonably be asserted by Brad. What about a lawsuit against the Baseball Team?
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