TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, April 24, 2008

Risks at Basketball Games

A dentist is suing the Chicago Bulls for injuries he suffered at a basketball game, not due to any of the usual game-related risks, but instead due to the mascot, Benny the Bull:

Dr. Don Kalant Sr. alleged he was sitting near courtside on Feb. 12 when he raised his arm to get a high-five from [the mascot]. . . .  Instead of merely slapping Kalant's palm, Anderson grabbed his arm as he fell forward, hyperextending Kalant's arm and rupturing his biceps muscle, according to the lawsuit filed in Cook County Circuit Court.

* * *

The lawsuit claims Anderson was negligent in either "falling forward while grabbing a fan's hand" or "running out of control" through the crowd according to the Chicago Tribune.

Kalant is out of work for up to four months.  I just taught assumption of risk in my final Torts class of the year last night; an interesting question whether this would be in the inherent risk category.


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