Jun 10, 2014, 10:59 AM EDT
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.
Aug 27, 2015, 5:34 PM EDT
Fernandez missed much of the season recovering from Tommy John elbow surgery.
Aug 27, 2015, 5:01 PM EDT
No shorts, though. Major bummer.
Aug 27, 2015, 4:22 PM EDT
Its not often we have reason to cheer the decisions ESPN makes but today we do.
Aug 27, 2015, 4:06 PM EDT
Time is still undefeated.
Aug 27, 2015, 3:24 PM EDT
Aug 27, 2015, 3:13 PM EDT
This is a great slice of weird, totally suitable for killing time on a slow afternoon. Bonus: Bon Jovi is tangentially involved.
Aug 27, 2015, 2:16 PM EDT
Los Angeles acquired Callaspo from Atlanta in a late-May trade.
Aug 27, 2015, 1:34 PM EDT
Last week’s rumored trade with the Dodgers apparently fell through.
Aug 27, 2015, 12:00 PM EDT
“Smithers’ I’m beginning to think that Homer Simpson was not the brilliant tactician I thought he was.”
Aug 27, 2015, 11:44 AM EDT
He’s having an incredible season.
Aug 27, 2015, 11:34 AM EDT
Basically, we’re all miserable EXCEPT Cubs fans. What a bizzaro world we live in.
Aug 27, 2015, 10:15 AM EDT
Jennings spent three months on the disabled list following knee surgery.
Aug 27, 2015, 9:57 AM EDT
No wins in over three months despite a 3.24 ERA.
Aug 27, 2015, 9:06 AM EDT
Boycotts thrive on publicity. This one ended as soon as the publicity started.
Aug 27, 2015, 8:38 AM EDT
This is why Starlin Castro does not have the shortstop gig anymore.
Aug 27, 2015, 7:45 AM EDT
Nowadays everybody wanna talk like they got something to say, but nothing comes out when they move their lips, just a bunch of gibberish, And opposing teams act like they forgot about JV.
Aug 26, 2015, 11:20 PM EDT
Crawford is having a breakout season at age 28, with an .806 OPS (123 OPS+), 19 home runs, and 75 RBI in 121 games.
Aug 26, 2015, 10:32 PM EDT
Verlander still managed to go the distance against a good Angels offense for his first shutout since 2012.
Aug 26, 2015, 9:26 PM EDT
It is August 26, 2015 and Justin Verlander has a no-hitter going against the Mike Trout-led Angels.
Aug 26, 2015, 9:05 PM EDT
Good on everybody involved in wanting to get ahead of a potential tragedy.
- Jessica Mendoza to sit in for Curt Schilling on Sunday Night Baseball this week 32
- And That Happened: Wednesday’s scores and highlights 77
- MLB “actively studying” fan safety; Phillies plan to expand netting at Citizens Bank Park 26
- Marlins might move in and lower the fences at Marlins Park 25
- Astros beat the suddenly skidding Yankees, top last year’s win total 30
- Curt Schilling taken off of ESPN’s Sunday Night Baseball telecast this week 131
- Joe Girardi would like Carlos Gomez to “play the game right” 90
- And That Happened: Tuesday’s scores and highlights 76
- Dan Patrick: When does ESPN cut ties with Curt Schilling? (198)
- Curt Schilling taken off of Little League World Series duty for making a really bad tweet (169)
- Curt Schilling taken off of ESPN’s Sunday Night Baseball telecast this week (131)
- Phillies announcer calls Mets fans “obnoxious” (122)
- Let’s all argue about team chemistry again (118)