Frank a customer entering the park is unable to find a


Ellen, the owner of a baseball park, is under a duty to the entering public to provide a reasonably sufficient number of screened seats to protect those who desire such protection against the risk of being hit by batted balls. Ellen fails to do so.

a. Frank, a customer entering the park, is unable to find a screened seat and, although fully aware of the risk, sits in an unscreened seat. Frank is struck and injured by a batted ball. Is Ellen liable?

b. Gretchen, Frank's wife, has just arrived from Germany and is viewing baseball for the first time. Without asking any questions, she follows Frank to a seat. After the batted ball hits Frank, it caroms into Gretchen, injuring her. Is Ellen liable to Gretchen?

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