Skip to content

Should baseball teams be held liable when foul balls injure fans?

Jun 10, 2014, 10:59 AM EST

lawsuit gavel

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.

Latest Posts
  1. MLBPA will be monitoring how Cubs handle Kris Bryant

    Feb 27, 2015, 6:05 PM EST

    Kris Bryant Kris Bryant

    MLBPA executive director Tony Clark will be keeping a close eye on how the Cubs handle the eventual promotion of prospect Kris Bryant.

  2. The Pittsburgh Pirates issued a statement about “Jihadi John” wearing their cap

    Feb 27, 2015, 4:51 PM EST

    pirates logo

    Note: they’re not fans of this particular bit of product placement.

  3. Derek Lowe is talking to the Red Sox about a coaching job

    Feb 27, 2015, 4:35 PM EST

    Derek Lowe Red Sox AP

    Lowe pitched for the Red Sox from 1997-2004.

  4. Juan Pierre officially announces his retirement

    Feb 27, 2015, 1:06 PM EST

    Juan Pierre Getty Getty Images

    Pierre was a singles-hitting, base-stealing machine.

  5. Johan Santana’s deal with the Blue Jays has an April 28 opt-out clause

    Feb 27, 2015, 11:19 AM EST

    johan santana getty Getty Images

    If he’s called up to the majors Santana will get $2.5 million in guaranteed money.

  6. Aramis Ramirez says 2015 will be his last year

    Feb 27, 2015, 11:03 AM EST

    Aramis Ramirez Getty Images

    When he’s done he’ll have played 18 years in the bigs and will be pushing 400 homers.

  7. Royals are only looking at Joe Blanton as a reliever

    Feb 27, 2015, 10:47 AM EST

    Joe Blanton AP

    “The only way he is really going to help us is in the bullpen.”

  8. Bartolo Colon may be the Mets’ Opening Day starter

    Feb 27, 2015, 10:35 AM EST

    Bartolo Colon

    Yes, this is mostly just an excuse to post a picture of Bartolo Colon

  9. Giants sign Ronny Cedeno

    Feb 27, 2015, 10:15 AM EST

    Atlanta Braves v Philadelphia Phillies Getty Images

    Cedeno had a brief stint in the majors last season with the Phillies.

  10. Didi Gregorius is probably pretty grateful for the A-Rod circus

    Feb 27, 2015, 9:53 AM EST

    Didi Gregorious AP

    Everyone worried that A-Rod would be a “distraction.” Well, he has been. And that’s a good thing.

  11. We need Kafka to cover Yankees spring training

    Feb 27, 2015, 9:24 AM EST

    Kafka

    Cashman and Girardi were poked constantly yesterday. They eventually responded. And the media seems to believe this is A-Rod’s fault.

  12. Craig Kimbrel is messing with a changeup

    Feb 27, 2015, 9:00 AM EST

    Screen Shot 2015-02-27 at 8.24.38 AM AP

    Because he wasn’t dominant enough as it was.

  13. Report: Josh Hamilton could get a suspension of “at least 25 games”

    Feb 27, 2015, 8:30 AM EST

    Josh Hamilton Josh Hamilton

    But Major League Baseball is also trying to be “compassionate,” and is thus still not close to a decision.

  14. Wanna hear Babe Ruth and Lou Gehrig attempt a comedy routine?

    Feb 27, 2015, 7:41 AM EST

    Ruth Gehrig

    Gehrig on going to Columbia: “I was seven years in the Freshman class!”

  15. Mets don’t intend to talk extension with Daniel Murphy

    Feb 26, 2015, 11:02 PM EST

    Daniel Murphy AP AP

    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.

  16. Nick Markakis apologizes for his comments regarding contract talks with the Orioles

    Feb 26, 2015, 9:49 PM EST

    Nick Markakis AP AP

    Braves outfielder Nick Markakis recently expressed frustration about how contract talks with the Orioles broke down over the winter.

  17. Shane Victorino is ready to go back to switch-hitting

    Feb 26, 2015, 8:40 PM EST

    Shane Victorino Getty Getty Images

    Victorino gave up hitting from the left side late in 2013, but he’s ready to give it another shot.

Top 10 MLB Player Searches
  1. J. Hamilton (4920)
  2. Y. Moncada (4249)
  3. F. Rodriguez (3753)
  4. Z. Greinke (3741)
  5. M. Harvey (3720)
  1. E. Cabrera (2938)
  2. B. Beachy (2640)
  3. A. Gordon (2579)
  4. B. Moss (2498)
  5. A. Wainwright (2468)