Q: The Dodgers had a bobblehead promotion for the first 40,000 in attendance. I got there pretty early, but was told the policy is if they run out of bobbleheads at the entrance you go through, that is unfortunate, even though they may still have some at other entrances. Your thoughts? I think if I am there as part of the first 40,000, then I should get the bobblehead.
D.H., Manhattan Beach
A: The conditions you can find online with regard to a Dodgers bobblehead promotion include the following language: “While supplies last at guest’s point of entry. …” You may not have been aware of this when you attended the game. You probably went there thinking you would get the bobblehead so long as you were among the first 40,000. Hence, one suggestion: If you already have not done so, contact fan services. See if you can work it out with them. You are not the first person who has told me of this experience.
My view is that further clarification and notice would be helpful here, so that even if a fan is there early, and among the first 40,000, he or she knows there is a possibility a bobblehead may no longer be available at his or her point of entry. Perhaps one option is that only certain entryways would have the bobbleheads. Bottom line, I hope it works out to everyone’s satisfaction. I reached out to fan services but have not yet heard back.
Q: Checking the terms and conditions with regard to my ticket to a baseball game, there is a lot of language about “assumption of the risk.” The wording covers “all risk and danger incidental to the game of baseball, whether such risks occur prior to, during or subsequent to the actual playing of the game.” Just how far can this risk assumption go?
T.K., Pasadena
A: Some activities have inherent risks, such as skiing and skydiving. At a baseball game, an errant ball can hit you, or a bat may splinter, or a spectator acts out in a negligent or willful manner. Assumption of the risk can be a defense to claims by an injured party. The assumption of risk defense, however, is not absolute. This is one reason why many baseball parks have extended protective netting so that fewer foul balls are likely to wind up in the stands. In addition, sports facilities take very seriously the importance of adequate security, to prohibit and at least try to control unruly and destructive behavior by others.
The specific circumstances in any given instance can serve to limit the effectiveness of an assumption of risk clause. The defense often turns on what actually occurred, and what the law then allows. Even with an activity that carries risk, a party can be held liable because what occurred was well outside the normal parameters of what could have been expected. In sum, assumption of the risk is a serious defense and can be difficult to challenge, but it is not infallible.
Ron Sokol has been a practicing attorney for over 35 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
Source: Orange County Register
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