Liabilities for Injuries
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If an individual is injured playing a recreational game of baseball by a wild pitch that requires him to seek medical attention is the pitcher liable for the damages? I would not feel that the league would be liable due to the following:
"The injuries were the result of a risk inherent in the sport of baseball, and are barred under the doctrine of primary assumption of risk." As defined by the appeals court, "Assumption of risk falls into two categories: primary and secondary,"
Primary assumption of risk occurs when a plaintiff voluntarily engages in a sport or activity with inherent risks. It embodies those instances where there is a legal conclusion that there is no duty on the part of the defendant to protect the plaintiff from that particular risk. Secondary assumption of risk embodies those instances in which the defendant does owe a duty of care to the plaintiff but the plaintiff knowingly encounters a risk of injury caused by the defendant's breach of that duty...
We look to the nature of the activity or sport in which the defendant is engaged and the relationship of the defendant and the plaintiff to that activity or sport to determine if a defendant owes a duty to protect a plaintiff from the particular risk of harm...
[I]n the heat of an active sporting event like baseball or football, a participant's normal energetic conduct often includes accidentally careless behavior... [It would, therefore, be] improper to hold a sports participant liable to a co-participant for ordinary careless conduct committed during the sport - for example, for an injury resulting from a carelessly thrown ball or bat during a baseball game. Instead, liability should attach only when the defendant has increased the "risks to a participant over and above those inherent in the sport." http://classweb.gmu.edu/jkozlows/balthazr.htm
However I am unsure if the pitcher could be held liable for the damages/injuries in any form such as civil suit, etc.?
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If the individual is inured playing a recreational game of baseball by a wild pitch that requires him to seek medical attention, this injury has been caused by the primary assumption of risk and so neither the pitcher nor the baseball club is responsible for the injuries caused to the individual.
The following has been taken from the website: http://www.vglaw.com
"Primary assumption of risk occurs where the plaintiff either expressly or impliedly has consented to relieve the defendant of an obligation or duty to act in a certain way toward him "http://www.vglaw.com
In this case by joining in the recreational game of baseball, where wild pitches may occur, the player has with implication consented to relieve the pitcher of the obligation or duty to protect him ...
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