Originally posted on BlackSportsOnline  |  Last updated 9/19/13
49ers Aldon Smith and Delanie Walker are being sued by a man who says he was shot at a house party hosted by Smith. Ronndale Esporlas says Smith and Walker shot guns recklessly into the home and he was in turned shot in the leg. Smith and Walker’s lawyer says, people knew the risks when they attended the party. The San Jose Mercury News reports the attorneys allege that plaintiff Ronndale Esporlas “freely and voluntarily exposed himself to all risks of harm” by attending the party. Smith might want to find another attorney. I don’t think a jury is going to be sympathetic to the “if you go to a party, you might get shot” defense.  A reasonable person has an expectation that shooting won’t occur.  If you go to a football game in an opposing teams jersey, does that mean you can get beat up because you freely and voluntarily exposed yourself to all risks of harm? That’s stupid and Smith and Walker are going to find out how stupid when this case goes to trial.
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