Jones v. Three Rivers Management Corp.
394 A.2d 546 · Supreme Court of Pennsylvania · 1978
Facts
Evelyn Jones was struck in the eye by a batted ball during batting practice while standing in an interior concourse opening at Three Rivers Stadium. The concourse design required patrons to divert their attention to view the field, and she was turning away when hit. A jury found the stadium operators negligent, but the Superior Court reversed, applying a 'no-duty' rule.
Issue
Does the 'no-duty' rule, which typically applies to inherent risks of baseball like batted balls in the stands, extend to a patron injured by a batted ball in an interior stadium concourse whose design diverts attention from the field?
Holding
The Supreme Court reversed the Superior Court, reinstating the jury's verdict for the appellant. The 'no-duty' rule does not apply to injuries sustained in an interior concourse, and the question of negligence was properly for the jury.
Rule
The 'no-duty' rule, which limits liability for inherent and commonly expected risks of an amusement activity, does not apply to risks that are not inherent to the activity itself, such as structural features of a stadium concourse that expose patrons to unexpected dangers. Operators owe business invitees a duty of reasonable care, even for obvious dangers if harm is foreseeable.
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