Originally Posted by JohnnyRedStorm
can they investigate the strength of the net and decide whether or not it was faulty?
where do you stand on bird law?
There's a presumption that when you attend a sporting event, that you assume risk inherent with sitting in the stands.
Courts are heavily in favor of the teams and stadiums, but that doesn't really mean you shouldn't bring a suit. Every situation has different facts.
If I was that lady's lawyer, I'd bring a negligence and products liability cause of faction.
Courts looked at the established custom by the teams and leagues, so obviously everyone uses nets. However, you could look at the last time the net was replaced, the type of net, and why don't they use a reasonable alternative such as plexiglass.
Precedent can easily and often changes with just small differences in fact. The fact that she was right behind the plate, and still got drilled strengthens her case IMO.