Assumption of risk.
That’s what you do when you go to a baseball game and sit behind the dugout. It’s common knowledge that you could be hit by a foul ball (although more stadiums are putting up netting now).
That’s the theory some movie theater owners are hoping will protect them as they open up during the corona virus pandemic.
As The Hollywood Reporter discusses, the theater chains, and even Disney, plan to rely on 2 court cases that have enunciated the 1913 “baseball rule.”
They will display a warning at the entrance that essentially says “enter at your own risk.” And hope that any lawsuits will be tossed.
Legal scholars and tort litigators are leaning towards a consensus that, perhaps, the rule is losing its enforcability.
Which is why many businesses are now on Capitol Hill lobbying hard for legal immunity in the next round of pandemic stimulus.