- 23,650
- 18,827
- Joined
- Jan 22, 2010
All of that is true, but the railing is already exceeding the minimum height it needs to be, I dno what else they could do to make it safer. It was a freak accidentOriginally Posted by PersiaFly
The question of whether or not the Rangers could be liable here is actually an interesting and close one I think. The issue of causation is what I was talking about. The fall 100% "caused" his death in legal terms, because it was the actual + proximate cause of his death. That means that 1) had he not fell, he wouldn't have died, and 2) death was a foreseeable result of such a fall. Definitely the case here.
But about the Rangers possibly being liable here, I don't think it's an open and shut case either way. A player threw the ball to the fan, sort of inviting an attempt to catch it. And the fan didn't seem to do anything out of the ordinary in trying to catch it. He leaned over the railing like most other people would. had the railing been higher, he probably wouldn't have fell. But there is always assumption of risk in this sort of situation, it's just a matter of whether you assume the risk of falling over the railing while trying to make a fairly routine catch of a ball thrown to you by a player.
You're absolutely right that they'll probably try to settle this quietly, though.