Gina and her father went to a San Jose State Baseball game on August 29, 2017. Neither Gina nor her father had attended a game at this SJ Municipal Stadium before, but as Giants fans they have attended plenty of other baseball games.
Gina had been invited to attend the game by the Provost as she had received a teaching award. When she arrived at the game the Provost decided that it would be fun to give Gina the award on the field. Due to some confusion with the announcers, the media director said that they would need to wait until the "seventh inning stretch" to present Gina with the award.
When Gina heard the loudspeakers announce it was the “seventh inning stretch,” Gina made her way on her own to the field. At that time the SJSU band started their performance of some of the popular hits of 1997 to celebrate the 20 year reunion of SJSU alumni who were also receiving a tribute during the seventh inning stretch. The band was finishing with “Take Me Out to the Ballgame” when one of the players, who was Gina's former student, said she should go over near the dugout to receive her award. Gina started walking towards the dugout being sure to stay clear of the band.
Meanwhile, in the bullpen, which is off in left field, some players began warming up. One of the pitchers threw a ball that missed being caught and ended up hitting Gina in the head.
Gina has suffered from headaches since the incident and has had to take a break from teaching to recover. She has consulted you as a business law student seeking some advice.
The stadium defends their responsibility by citing that the players had brought their own warm up baseballs and that they were not authorized for use by the stadium regulations. The ball thrown that had hit Gina in the head was manufactured by Kentucky Slugger. Kentucky Slugger makes baseballs that are lighter in weight so that they travel further. They are usually used by pitchers after injury when they are rehabbing. The packaging does not indicate a warning, but does say that "the purpose of the baseball is for pitchers to regain accuracy while not worrying about momentum."
Gina again consults with you and asks if she might have a case for product defect against Kentucky Slugger. Please analyze the potential for a product defect claim.Include any questions you would have to ask the company as you go through your legal analysis.
Organize your answer by
1. Stating the rule(s) of law.
2. Analyze from both points of view.
3. Conclude what you think the outcome would be.