Question: ( 1 ) Bobby Baron has been baseball's reigning homerun king over the last five years. At a game played two nights ago, Baron hit
Bobby Baron has been baseball's reigning homerun king over the last five years. At a game played two nights ago, Baron hit a homerun that matched the most homeruns hit by a major league ballplayer. This hit, in the fourth inning, went into the right outfield stands. Jimmy Hands attempted to catch the ball, but it hit him in the face and fell under his seat. As a result of being struck by the ball, Hands required extensive surgery to reconstruct his nose and repair an injury to his eye. To make matters worse for Hands, after the ball fell under his seat, another fan, Harry, violently pushed Hands out of his seat in order to retrieve the ball. As a result of being pushed, Hands suffered a broken arm and lacerations. In the ensuing melee caused by attempts to retrieve the ball, several other fans were injured.
Harry and several other fans were involved in efforts to retrieve the ball consumed an inordinate amount of alcohol that they had purchased during the game from vendors at Quest Stadium. The owners of Quest Ballpark had become increasingly concerned with improper fan behavior that stemmed in part, from the consumption of alcohol. Last year, Quest Ballpark instituted a policy that forbids the sale of alcohol after the seventh inning, but placed no strict limits on the amount of alcohol consumed prior to the seventh inning.
Discuss who, if anyone, may be potentially liable for the injuries suffered by Hands and the other fans. Under what theories?
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