Sometimes it is good to get back to basics. Let’s quickly review what it takes to prove a negligence claim in Nevada. The case of Turner v. Mandaly Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008) reminds us of the elements of that cause of action.
Mr. & Mrs. Turner owned season tickets to watch the Las Vegas 51s play baseball. They knew that batters could hit foul balls into the stands. Like at most ball parks, the stands had screens to prevent foul balls from hitting the fans. But Mr. & Mrs. Turner left their regular seat and went to the “Beer Garden” to get a cold beverage and a snack. The “Beer Garden” was located in the upper concourse near the field. Unlike the stands, the “Beer Garden” had no protective screen. After ordering, Mr. Turner stood at the rail to watch the game. But Mrs. Turner sat at a table and ate her sandwich. She couldn’t see the field from where she was sitting. [Continue reading]