Jun 10, 2014, 10:59 AM EST
In most walks of life, whether someone is liable to you for injuries caused by alleged negligence is determined by a judgment call: was the harm foreseeable and did they act reasonably to prevent the harm from occurring? That’s a matter for a jury to decide, and the jury can take all of the specific facts of the case into account in making that determination.
Ballpark operators, however, have typically had a safe harbor that shields them from having a jury decide whether they acted prudently. It’s called “The Baseball Rule,” and it’s a legal doctrine which underpins those little “we’re not liable for you getting injured by flying balls and bats” disclaimers on the back of your ticket.
The way it’s usually formulated by the courts is that stadium owners and operators must provide “screened seats for as many spectators as may be reasonably expected to call for them on any ordinary occasion,” and that if they do that, they’re legally absolved of liability. Typically, providing screens behind home plate and around to each side to some degree puts owners in the safe harbor. In that case, it’s a matter of law, not fact, and the judge will usually dismiss the case before it ever gets to a jury.
That rule has been challenged more and more in recent years. It’s still the majority rule across U.S. jurisdictions, but last year, for example, an Idaho court refused to adopt it in the case of a man injured by a foul ball and allowed a jury to decide whether the ballpark owner acted reasonably based on the facts and circumstances of the case rather than to simply dismiss it per The Baseball Rule. Now, in Atlanta, a family is challenging it in the wake of their six-year-old daughter suffering traumatic brain injury from a foul ball at a Braves game in 2010.
I get asked about The Baseball Rule a lot and I’ll admit that I’ve never felt 100% confident about it either way. On the one hand, baseball’s arguments for it are reasonable: fans actually want to catch foul balls and don’t like sitting behind the screen unless they’re right down low. If you put teams in the legal crosshairs for foul ball injuries and/or mandate that they put screens way down the lines teams will have little choice but to either move fans far from the action or block their view, making the product they’re selling — good seats at a ballgame — far less attractive. No one really wins in that scenario.
On the other hand, the ballpark experience has changed quite a bit since The Baseball Rule was first recognized. There are more distractions from game action. It’s far more of a family product than it used to be and you thus get a lot of little kids who can’t be expected to defend themselves from foul balls in the stands. Parks are also far more full and seats behind the screens are far more expensive than they used to be, making that part of The Baseball Rule in which spectators “may reasonably call” for screened seats potentially unworkable. Teams are often forcing people to choose between being out in the bleachers or paying $250 for a screened seat.
I don’t want to turn ballparks into padded cells, but I also think that the risks, particularly to children, of sitting in unprotected seats down the lines are undersold by teams and under appreciated by fans. It’s dangerous down there. Maybe a good step in between letting ballpark operators off the hook completely and making them liable absolutely is to make them warn fans far more explicitly. To actually publicize to fans what can actually happen to you if you’re hit by a screaming foul ball. To make fans actually assume the risk in the form of an actual waiver instead of the assumed one written on the backs of tickets which are rarely if ever read. Perhaps to make people who take young children to games explicitly disclaim responsibility or else not sit in unprotected seats.
As it is now, the warnings are pretty passive and the risks not as well-known as they could be. And the disclaimer system is something of a joke. Making each of these things more rigorous might have some small costs involved — kid-priced seats so as to identify and differentiate those who would sit in dangerous seats with children? A second piece of paper or an usher with a clipboard taking actual liability waivers? — but those costs pale compared to the sorts of liability awards teams might face if The Baseball Rule continues to be eroded.
And they pale even more definitively compared to the price some people, particularly some children, have paid with their health and even their lives.
Feb 27, 2015, 6:05 PM EST
MLBPA executive director Tony Clark will be keeping a close eye on how the Cubs handle the eventual promotion of prospect Kris Bryant.
Feb 27, 2015, 5:10 PM EST
It’s been a long week.
Feb 27, 2015, 4:51 PM EST
Note: they’re not fans of this particular bit of product placement.
Feb 27, 2015, 4:35 PM EST
Lowe pitched for the Red Sox from 1997-2004.
Feb 27, 2015, 1:50 PM EST
New name, same luck.
Feb 27, 2015, 1:27 PM EST
Except, of course, when he does.
Feb 27, 2015, 1:06 PM EST
Pierre was a singles-hitting, base-stealing machine.
Feb 27, 2015, 11:19 AM EST
If he’s called up to the majors Santana will get $2.5 million in guaranteed money.
Feb 27, 2015, 11:03 AM EST
When he’s done he’ll have played 18 years in the bigs and will be pushing 400 homers.
Feb 27, 2015, 10:47 AM EST
“The only way he is really going to help us is in the bullpen.”
Feb 27, 2015, 10:35 AM EST
Yes, this is mostly just an excuse to post a picture of Bartolo Colon
Feb 27, 2015, 10:15 AM EST
Cedeno had a brief stint in the majors last season with the Phillies.
Feb 27, 2015, 9:53 AM EST
Everyone worried that A-Rod would be a “distraction.” Well, he has been. And that’s a good thing.
Feb 27, 2015, 9:24 AM EST
Cashman and Girardi were poked constantly yesterday. They eventually responded. And the media seems to believe this is A-Rod’s fault.
Feb 27, 2015, 9:00 AM EST
Because he wasn’t dominant enough as it was.
Feb 27, 2015, 8:30 AM EST
But Major League Baseball is also trying to be “compassionate,” and is thus still not close to a decision.
Feb 27, 2015, 7:41 AM EST
Gehrig on going to Columbia: “I was seven years in the Freshman class!”
Feb 26, 2015, 11:02 PM EST
While Daniel Murphy would like to discuss a contract extension with the Mets, it looks like a foregone conclusion that he will test free agency after the 2015 season.
Feb 26, 2015, 9:49 PM EST
Braves outfielder Nick Markakis recently expressed frustration about how contract talks with the Orioles broke down over the winter.
Feb 26, 2015, 8:40 PM EST
Victorino gave up hitting from the left side late in 2013, but he’s ready to give it another shot.
- Aramis Ramirez says 2015 will be his last year 28
- Francisco Rodriguez re-signs with the Brewers 9
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended 283
- Pirates open to massive extension for Andrew McCutchen 18
- Report: Josh Hamilton had a relapse this offseason that “involved at least cocaine” 86
- Yankees don’t plan on having to pay A-Rod’s $30 million in home run milestone bonuses 49
- Rob Manfred says a return to a 154-game season could happen one day 66
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended (283)
- Report: The Yankees were “fuming” at how A-Rod handled his early arrival to spring training (114)