Casino Out Of Luck in ‘Spectator’ Injury Case Arising Out of Tossed Souvenir

By Carla Varriale, of Havkins, Rosenfeld, Ritzert & Varriale   The limited-duty of care rule and the doctrine of assumption of the risk are bedrock defenses for sports and recreational venue owners and operators. An unsettled aspect of these defenses, however, is whether they apply to a spectator who is injured because of promotional activities conducted at the venue. Some courts hold that these activities are fan-friendly and commonplace and that a spectator can assume the risk of injury