Sports Law Theoretical

I

I'm Storming

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Hey guys,

In my graduate level sports law class we were given this semi-theoretical case:

During an NBA game in Detroit, Indiana?s Ron Artest is fouled hard by Detroit?s Ben Wallace. A brawl ensues with pushing and shoving but order is restored and then a fan throws an object at Artest, hitting him. Artest goes into the crowd followed by other players and a riot ensues. Artest attacks fans, fans attack Artest. Meanwhile a fan running onto the court, is punched by Artest and Jermaine O?Neal.

Larry Little, a ten-year old boy is sitting courtside with his father a Detroit season ticket holder. Larry and his father take no part in the brawl on the court or in the stands. But Larry is hit by a chair thrown by Terry Tosser, an out of work fan who lost his job that very day and drank heavily to the point of intoxication at the game, sitting several rows up in the stands and suffers a concussion and severe head injury, he may require extended hospitalization and therapy and may not return to having a normal life.

Little is suing the NBA? the NBA has moved for summary judgment. If you represent Little you must explain how and why the NBA is liable. If you represent the NBA you must explain what legal theories or facts allow you to avoid liability.

--My assignment is to defend Larry Little, who has just filed suit against the NBA.

What do you law folks think? Any information would be much appreciated. Thanks.
 
G

Glferboy21

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Ok here is what i pulled from my LEB class, see if this helps.

Suing for Negligence:
All of the following must hold:

1) Failure of Duty of care- duty to act like a reasonable person
-Business guests have to be kept safe of all hidden damages whether you know they exist or not
-In this case the NBA would seem to fail duty of care, because they did not keep him safe of hidden unkown damages.

2)Cause-in-Fact + Proximate Cause
-Cause-in-Fact- if you are a chain in a link leading up to accident and when your link is taken away accident never happens
-NBA is an obvious CIF because if there was no NBA then this event never happens

-Proximate Cause- The moment in time someone becomes CIF does jury think you could have foreseen harm
-This is always a touchy, but given the examples my prof gave, I would say that the NBA is indeed a proximate cause. In my opinion they could have seen harm in serving alcohol to fans. They also could have seen harm in having removable chairs. Just remember the jury has to act like a reasonable person, so unsure where they would side with here.

3) Damages
-There have to be measurable losses.
- In this case I think the kid would only be able to sue for his measurable losses like medical bills and ticket prices.


Personally I think they have every right to sue the NBA under the law. However I don't think the kid will receive any punitive damages, but he should receive compensatory damages for his medical bills and ticket prices, etc.

Help?
 
SixFive

SixFive

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gl with that, and I learn every day that I would have been an out of work attorney had I chosen that field!! :mj07:
 
T

taoist

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While I do not disagree with the above post regarding negligence, if the NBA has moved for summary judgment, all that you would have to show the Court is that there is a genuine issue of material fact in dispute....


While negligence laws may differ slightly from state to state, a motion for summary judgment is what it is....

Summary Judgment


By the wording of the original question, I don't know if your instructor would like for you to make short work of the essay and simply explain why Summary Judgment should not be granted.... Most likely, because you stated "If you represent Little you must explain how and why the NBA is liable....", the instructor wants you to explain why the NBA is liable...but in a Motion for Summary Judgment, you do not try the whole lawsuit.... You simply have to show why the Motion should not be granted by showing the Court that there is in fact an issue of material fact in dispute....
 
T

taoist

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...a little more on Negligence....

negligence n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Negligence is accidental as distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving. Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey. In making a claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove: a) that the party alleged to be negligent had a duty to the injured party---specifically to the one injured or to the general public, b) that the defendant's action (or failure to act) was negligent---not what a reasonably prudent person would have done, c) that the damages were caused ("proximately caused") by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness. If the injury is caused by something owned or controlled by the supposedly negligent party, but how the accident actually occurred is not known (like a ton of bricks falls from a construction job), negligence can be found based on the doctrine of res ipsa loquitor (Latin for "the thing speaks for itself"). Furthermore, in six states and the District of Columbia, an injured party will be denied any judgment (payment) if found to have been guilty of even slight "contributory negligence" in the accident. This archaic and unfair rule has been replaced by "comparative negligence" in the other 44 states, in which the negligence of the claimant is balanced with the percentage of blame placed on the other party or parties ("joint tortfeasors") causing the accident. In automobile accident cases in sixteen states the head of the household is held liable for damages caused by any member of the family using the car under what is called the "family purpose" doctrine. Six states (California, New York, Michigan, Florida, Idaho, Iowa, Minnesota, Nevada, Rhode Island) make the owner of the vehicle responsible for all damages whether or not the negligent driver has assets or insurance to pay a judgment. Eight states (Connecticut, Massachusetts, New Jersey, Oregon, Rhode Island, Tennessee, Virginia, West Virginia) impose similar liability on the owner, but allow the owner to rebut a presumption that the driver was authorized to use the car. Negligence is one of the greatest sources of civil litigation (along with contract and business disputes) in the United States. (See: contributory negligence, comparative negligence, damages, negligence per se, gross negligence, joint tortfeasors, tortfeasor, tort, liability, res ipsa loquitur)
 
I

I'm Storming

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Thanks a ton, Taoist. Those 2 sportslaw blogs made for some good reading. Would you happen to know of any previous cases in which the league has actually been found liable in such a scenario? Thanks again.
 
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