Re: Red Sox fan injured by beer can punted by Gomes
posted at 9/22/2013 6:25 PM EDT
In response to SonicsMonksLyresVicars' comment:
In response to andrewmitch's comment:
- Player A kicks a beer can into crowd, causes minor boo boo above a man's eye.
- Player B gently tosses ball into crowd, a man falls to his death in front of his son.
"Please, won't someone do something about this tidal wave of can kicking-caused boo boos sweeping across America!"
let's stay focused
and i already addressed this
but here it is again - for the last time
in your example of the ball girl handing a ball to a fan
the FAN agrees to reach for the ball
they are AGREEING to a degree of risk
they could certainly jam a finger or hurt their hands
that is a reasonable amount of risk they are agreeing to
now if the ball explodes in their hand then that is not a reasonable risk that they have assumed when extending their hands for the ball
You keep giving analogies. You need to only focus on the ACTUAL EVENT: IS IT REASONABLE FOR A FAN TO ASSUME THE RISK OF A BALLPLAYER KICKING A BEER CAN AT THEIR SKULL WHILE IN THE STANDS?
Who is the judge of what a "reasonable amount of risk" is, Andrew? After this conversation I am absolutely certain you should not be....and I assume you are absolutely certain I should not be. The ideal is likely somewhere in between.
(BTW, I assume "KICKING A BEER CAN AT THEIR SKULL" was hyperbole as you surely don't think Gomes was aiming the can at the big girl's blouse)
You use your common sense as to what reasonable is and I gave you a few examples. Ultimately, it would be up to a jury. But again, how reasonable is it to expect a beer can come flying at you at ANY place other than an out of control Frat Party?
It matters not what part of the body Gomes was aiming now does it? Clearly he was aiming DIRECTLY AT THE FANS. Exactly where did he expect an aluminum beer car to land once he launched it in the crowd????