Alan accepted an invitation from his friend Donald to attend a baseball game. The seats Donald had purchased were very good, a few rows up from the field, and just past first base. Alan actually knew nothing about baseball. During the game, a player, Brian, hit a ground ball toward third base. The third baseman fielded the ball and threw to the first baseman. Brian thought he was ‘safe,’ but the first base umpire called him ‘out.’ Brian began to argue with the umpire, and in frustration, Brian threw his batting helmet to the ground. The helmet, made of a strong, hard plastic material, bounced on the ground and flew into the stands, striking Alan on the side of the head, causing a serious injury. Alan never saw the helmet coming towards him because he was looking around the stadium at the time rather than at the play on the field. As he was unfamiliar with the game of baseball, he did not know that objects occasionally fly into the stands during a baseball game.
Required:
Advise what arguments Alan would make in support of a claim of negligence, what defense(s) can reasonably be asserted, and who is likely to prevail in a lawsuit filed by Alan against Brian.