Tuesday, December 16, 2008

Tort Liability for Fans Hit by Soccer Balls

Interesting piece by Attorney Mack Sperling on North Carolina Business Business Litigation Report on a new decision by the North Carolina Court of Appeals:

All lawyers know, from first year torts class, that if you are hit by a baseball at a baseball game, you are unlikely to have any claim against the operator of the baseball stadium. There's a well developed body of law to that effect.

Today in Allred v. Capital Area Soccer League, Inc., the North Carolina Court of Appeals held that the rules of the game may be different when it's a soccer game being played. The Allred case is apparently one of only three cases in the country that deals with injuries suffered by spectators from soccer balls kicked into the stands.

The Plaintiff in Allred was attending a women's professional soccer game at State Capital Soccer Park in Cary, North Carolina. She was sitting in the stands behind one of the goals, and was hit in the head by a ball during warmups, when "many balls were directed towards the nets in a relatively short period of time." Op. at 4.. She suffered "substantial head injuries." Op. at 2.

For the rest of the piece, click here.

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