Вы находитесь на странице: 1из 4
Tie pais tens tho folowing facts. On Soptomber {aro Alen was injured while participating ina aris ral rparizatons associated wth Fouramert. The tars pling rhe tour bt of cotenart Dove’ Co-Racrastoel (eae), which is sponsored by dele =A Sofa Associaton, ine. ASA). The ASA uiites is tat govern the pay of te member Bs Tater slay nhs parcuer gare were Poy defendant Daria Spots Garand Gr ear rennin (heres. 8 provided tans for he players. Tha ‘Ameican Legion Post #47 (American (tapi 250 Negigence Theory 1 pendent contractors creates no confusion that might cause the len o rely onthe appearance of an peyrelationship between the principal and the apparent agent. Pi 2004 cate (Cash w Six Continents Hotel), two tourists were injured while climbing Dunn's Rive Falls ca While the tour was provided by Harmony Tours (which hada deskin the hote lobby) the plait the tour through ther hotel. They claimed the hotel was lable for Harmony “ours negligence the doctrine of apparent authority since the hotel allowed it to ppear thatthe compuny was a agent hotel. The court found forthe hotel since the hotel didnot make representations ofan afiliaton, had 2 sign statig "Harmony Tours” near the desk, and ieladed a stteueut ou the Ucket forming that the sy was an Independent contractor and thatthe hotel was not responsible. canta was chosen because acresees the duis and fab of Sever categves of defendants abit of to toam spear ofthe player who commited to act rcultg in inury the oer franca or os te sofa eague hosing the tournament a national sftbal associa a sponses te league, ofthe propery nd he insur of some of tha defendants. ls included ica cscussion of assuption Provided labity insiance coverege for the league, [ASA, the American Legion, the Daniel's team ard the Thompson tam. (On the day the plainif wes irized, she was play- ing forthe Danas foam ina one-piton tournament. AS sat font in AGA ofl fle, the sotball used when ‘women battod was smaller than th sotbal used when ‘en Batted. Tis ise of ferent bal Is tondedto alow the women to hit more combtivl with the men The elencars ci not recommend, race or prove Me Ines for players. though a slow-ptch game under the ASA oficial rules is payod with fve men and fve women for eee team, tho game on September 18 was played wit saven men and tree women on each tear. ‘When batiog for the ft time on Saptnber 15, (Carol Alon ita bal toward shortstop. A ale player fe the Thompson tear feted the ball and trew toward ‘et base, His tow, however, was nacurat aed ctruck (Carol Allen nthe had °°" ‘The plants subsequent fled awe loging sovers counts of negigence. Fre, the pants alego rat the league and DanleFs acted noglganlly when Hey con: Acted the softhall gare without wlzing el easoracio safety precautions Incucing but noted to recom: ‘mending, requing, or providing bating reimets fr the Payers, using less dangorous soft, and maintaining proper male/female player ratios." Tho pais furor Slege tat ASA breached fs duty to promagate and noes res that required bating helmets to be worn In sotbal games, use of les dangorcus softball and ach team to pay wi five men and fve women, and to otherwise minmiz the risk of ry to paricpants in co-ecretona sffbal games. The plas also lege ‘that ASA *had aout to wary, advo, inform and instct its members regarding the rsko nur to patcpant in ‘co-ecratona softball games and the manner in wich such risks coud bo minimize” AS fot the Amerioan, Legion, the plant's Gaim that as the owner ofthe sot bal ols, "hed a ay to roqure tat stall games Piayod on #8 fed wer played pursuant to rules and) Ina manner which miniizod the risk of injury to par fidpants” The plants Kener alge inet Thompson, “is weaious lable forthe negligence of is shortstop in erantly twowing the softball” Fly, the patie alge that because Bofingor provided risk menage ont sarices fos insureds the league, ASA, the ‘min Login, the Dara team and the Thompson ‘eam "Bollinger bad a duty to warn, advise, form, and instructs suredsregarcing the sk ofa to parti ants in co-ecreatonal sofa games ard the manner Inwich such raks could be miamizod” fold adcod) 'AL of the defendants moved to clamiss the case ‘arguing, among other tings, tha hey owes no uty fo rotect Carol Alen frm tha nneret rks of uy that sce cit of her pantelpaton in ho sofa gars. °** 1 The court ded thet partcpants do not owe a uty to other participants fo refan fom inry-causng lenis which are feown, epparent oF reasonably fore soeable Consequences ofthe paripaion" but rather Dattcpants “ir reeretoral sparing events owe 2 cay to other parisparts to feta fom recidese 0: infer: Sonal conduct hat may nye the other partipants, ‘Becauco the Pais aloo thet Thompsons shocstop acted negligently, not ecWesi o itertonal, when Pe ‘grail brew the bal tho cout conciee, “Thompson Imports camet be held vicariously Eable under the ‘eumtances of the cae.” = The court red tat the losgue, ASA, Danes, and Thorpson, as sponsors, and the American Legion, {5 Owner ofthe ed, owed tha pla“ dy to rofan ‘fem recKessy) oF ntartonally causing uy to 8 pa ‘Sent Rathor than acting reckessyorstionay to at ack of jury, the court observed thal the Sean ants sleged conduct ivotved the orcnar ess uy, Inherent in playing rereetonal soak." Ascoringy. ‘he tial cout Samisee al counts ofthe paint’ wrt 2 Sacfon200 Negigance Law (On apes, tbe plantifs que thet the Wal court ‘ered by applying te dost of assumption ofthe risk ‘opving the doctrine, the plait contend, was eror ‘Decause undoe New Hampshire common law, the doc- ‘ene was Rstoeallyappled ony lo enployerempioyee relaonshipe and sspplanted aogster han th gi. lature eractod the comaatve fa statute. See FSA 507:7-4 (1880, ‘The comparative faut state dose not spay inthis case because the dolendants do not claim that Carl ‘Alen acted negégenty in causing her own Ilury ater, they erve thet they owed no By to protec her againet the risk that she would be inured by an eran thrown softball Wi neit. determine the eppicablty of the dostine of assumption ofthe rk. The defendants and te paris ‘disagree on wh star assumption othe i” means ‘nd how Mt shoud be appt in ths case. To resolve this Issue, we must examin the history and varous uses of {he tm “assumtion of the isk.” ‘The tem assumption of the risk” has been used to express catinct common aw theories, dvd fom ferent sources, which apply whon a plait has ‘Knowiely exposed hers to pariular rks, The tae sinc! log concents encompassed by the tam ee: (0) a pis consent exposing hero fo 8 dlar- dans negigenes: @) a defendants negligence together wah a planus negigenes which causes the plait Injay, and () a plaitifs vokiary parcpaton in « ‘reasonable actly with known risks such that a defor ant wes no cut ta the plan fo protect agaist harm aig from tose ics ‘Te thid theory, the docuine of primary impos ‘sumption ofthe sk, apples when a plaitit votr- tary and reasonely entre ino some cation with ¢

Оценить