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Foul Ball

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Submitted By Linz
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Foul Ball 1. What argument would you make on behalf of Emily that the owner of the baseball park had a legal obligation to protect her from wild baseballs?
The land, for which the baseball park is on, is a public place. A public invitee is one who is invited and enters the land for the purpose for which the land is held open to the public, in this case a baseball field. The owner of this public land has a duty to protect his invitees with reasonable care, because he is the possessor of the land. Using reasonable care requires the defendant to recognize the risks created by his actions and to act reasonably in light of those risks. I would make the argument that the defendant breached his duty with negligence by not having a fence surrounding the baseball field to prevent such injuries from occurring (Edwards & Edwards, 2012).

2. What argument would you anticipate the owner would make in response? In response, I think the owner would claim that he owed no duty to plaintiff because she was not on his property when the injury occurred; she was walking on the sidewalk. In addition, I think he would respond with the foreseeability approach. Defendant could claim that he was not acting in a unreasonable manner, because it is common knowledge that injuries happen from sports, and by walking by the baseball field, plaintiff took that known risk of injury happening (Edwards & Edwards, 2012).

3. What are the laws, both statutory and case law, in your state regarding premises liability? In the light of those laws, whom do you think will prevail in this case and why? Fla. Stat. § 375.251 states “An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of

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