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NY Mets Case Involving Falling Fan


A judge says the New York Mets have not proven so far (during summary judgment) that there was no way to foresee a fan’s fall onto another spectator at Shea Stadium, so the case is headed toward trial.  This does not mean that the Mets did anything wrong and it will be up to the Plaintiff to prove that the Mets or the concessionaire acted in an unreasonable way.  This means that the Plaintiff will need to show that the Mets and the concessionaire did not live up to a given standard of care or violated industry norms.  I think this would be very hard to do because the Plaintiff will have to show that the Mets, their security providers, and concessionaires knew this individual fan represented a problem and that they did not do anything to prevent this specific harm.  Fans can fall for numerous reasons and defendants are normally not held liable unless there was obvious signs that a fan was misbehaving, violating facility rules, or doing something else so unusual that they should have noticed what was going on.  If a fan is just cheering and they slip and fall, such an incident cannot be stopped and can occur at any facility, at anytime, regardless of whether alcohol is served.

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