Reference no: EM132254893

Alan accepted an invitation from his friend Dorothy to attend a baseball game. The seats Dorothy had purchased were very good, a few rows up from the field, and just past first base. Alan had recently immigrated to the United States and knew nothing about baseball.

During the game, a player, Brett, hit a ground ball toward third base. The third baseman fielded the ball and threw to the first baseman. Brett thought he was “safe,” but the first base umpire called him “out.” Brett began to argue with the umpire, and in frustration, Brett threw his batting helmet to the ground. The helmet, made of a strong, hard plastic material, bounced on the ground and flew into the stands, striking Alan on the side of the head, causing a serious injury. Alan never saw the helmet coming towards him because he was looking around the stadium at the time rather than at the play on the field. As he was unfamiliar with the game of baseball, he did not know that objects occasionally fly into the stands during a baseball game.

What arguments would Adam make in support of a claim of negligence, what defense(s) can reasonably be asserted, and who is likely to prevail in a lawsuit filed by:

1. Alan against Brett?

2. Alan against Dorothy?