▲蘇狀師談「自承風險」原則

蘇思鴻 律師
發表時間:2019/12/14 18:34 163 次瀏覽

assumption of risk 自承風險
風險承擔(assumption of risk、自承風險)屬於英美侵權中的一種抗辯,如果被告能夠證明原告自願且明知地承擔了他所處的危險活動中所受的損害之固有的風險,則法律就會限制或減少原告對過失侵權行為人(被告)的追償權(故意侵權沒有適用)。
 

Attending baseball games and other sporting events is a quintessential American pastime. However, it is not uncommon that an accident can result in the injury of a fan.
參加棒球賽及其他運動賽事在美國是典型的消遣。

Hit by a foul ball:被界外球擊中

In July 2015, a fan attending a Brewers/Braves baseball game at Milwaukee’s Miller Park was struck in the face by a foul ball. The fan sustained near-fatal injuries that have resulted in over $200,000 in medical bills and will require lifelong care. In August 2016, another fan was struck by a line-drive at Miller Park.

Unfortunately, Miller Park isn't alone when it comes to spectator injuries. A 2014 study by Bloomberg News found 1,750 fans per year were injured by foul balls at Major League games. In 2018, A woman died after being hit in the head with a foul ball at Dodgers Stadium, making her the first foul-ball fatality in nearly 50 years. Spectators of hockey and NASCAR are also at risk of potentially hazardous projectiles at games and races as well. But if you are injured by a foul ball or stray hockey puck that flies into the stands, who is responsible for your medical bills, or possible lost time at work?

The answer, unfortunately, is you.很不幸,答案是你(亦即你自己要負擔醫療費用及所受的傷害、損害)

“Assumed Risk” and your ticket:

Assumed risk falls into the category of liability that applies to the so-called “baseball rule,” that is implemented in both professional and amateur leagues. If you read the fine print on the back of your ticket to a sporting event, it usually outlines refund policies and rules regarding flash photography. This is also where you will find that statement of assumed risk, which is why the venue isn’t liable for your injuries.

It is assumed, that when choosing to attend a sporting event, the spectator understands that flying objects may enter the seats. And it is the spectator’s responsibility to avoid them.

The exception:

While most risks at sporting events are considered "inherent to the game," there are situations in which negligent circumstances would hold the stadium/venue liable for injuries. For example:

  • If you were to fall due to a broken handrail or other forms of facility disrepair such as a damaged net or partition, one could find the ballpark negligent for improper maintenance of the grounds.
     
  • In other cases, dram shop laws (like “social host” law) can be applied if a patron is over-served alcohol by stadium concessions and causes an accident of some sort while intoxicated.

Unfortunately for many, this baseball rule was adopted when the game was quite different. Things happen a lot faster on the field these days and the entertaining nature of the sport often creates more “sideshows” that distract fans from what is happening on the field.

We are forced to assume a certain level of risk any time we attend a spectator sport. So even with nets and barriers to protect fans, the most you can do is to always be alert while watching a game.  

 

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