If I go to a circus knowing that wild animals are there, or to a baseball game and get hit by a foul ball, do I ‘assume the risk’?
In the "wild animal" situation, in most states, no matter what it says on the back of the ticket or the signs on the door say, circus would be "strictly liable" for any injury from wild animals. Of course if you unlocked the lock on the tiger cage, fought off the trainer, and jumped into the tiger cage, that would be a different situation completely as it was your intentional act that put you in danger. And if the tiger ran out of the cage, and injured someone else, the other injured person could recover from both you and the circus because of the "accident".
In the baseball case, the public is presumed to know that foul balls are hit, baseballs are hard, and people who attend baseball games do "assume the risk" in most states. Of course, if the pitcher got mad at the third baseman, threw the ball at him to hurt him, and missed so the ball hit you, the pitcher’s intentional act – although directed to someone else – would enable you to recover actual and punitive
damages against him. It’s a bit like the O.J. situation.
An accident or personal injury
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