A disclaimer on the Disney World website states, 'By visiting Walt Disney World Resort, you voluntarily assume all risks related to exposure to COVID-19.' Can Disney simply disclaim liability?
so that stadium owners bear a reasonable duty of care. According to Grow and Flagel in their own article, it also makes sense to reject the rule given a more modern economic appreciation of who is in the best position to provide safety. When deciding what level of reasonable care is required, they urge courts to consider whether plaintiffs or defendants could have most efficiently avoided injuries.
Then something exceptional happened. MLB's announcement actually helped push California away from the "baseball rule" altogether. "I'm 62 and I grew up in New Jersey, and everyone knew you could get beaned by a baseball," says David B. Stern, a partner at Jeffer Mangels. "We went to Yankees games and were told to bring our mitts and watch the ball. Now, you've got phones, and people aren't paying attention. Owners know that. Maybe you need to take care of these fans. Is it coddling? Yes. But circumstances have changed.
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