Legal Waivers & Torts

Please read the following scenario and then answer the below questions:

Tom purchased a ticket from a scalper on a street corner to watch his favorite baseball team the Yankees.  He walked into the stadium and purchased a beer and a hotdog and took his seat in the stands.  During the fifth inning a ball was hit into the stands by one of the players on the opposing team.  Tom was too busy checking his cell phone to realize that the ball was coming right at him.  The ball hit him on the head and knocked him out.  While Tom was unconscious on the cement, another fan stole his cell phone and wallet.  The ushers then rushed Tom, still unconscious to the local hospital.  Tom was diagnosed with a concussion.  Once he awoke, he also became extremely sick.  The doctors diagnosed Tom with food poisoning from his hot dog.  Tom was required to take the next two weeks off from work, as a result of both issues. 

1.  What torts, if any, did Tom incur?

2.  Who is liable for each of Tom’s injuries?

3.  Did the manner in which Tom purchased his ticket matter in regards to legal liability?

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