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.
Oct 31, 2014, 4:00 PM EDT
The end of this awkward, orchestrated process is in sight.
Oct 31, 2014, 3:50 PM EDT
He’ll be eligible for free agency next offseason at age 34.
Oct 31, 2014, 3:20 PM EDT
Both players will reject the offers.
Oct 31, 2014, 2:55 PM EDT
Here we go.
Oct 31, 2014, 2:44 PM EDT
Dirks missed the entire season following back surgery and then a hamstring injury.
Oct 31, 2014, 2:30 PM EDT
Go O.D. on some hot trolley action.
Oct 31, 2014, 2:14 PM EDT
Chavez played for the Yankees in 2011 and 2012.
Oct 31, 2014, 2:00 PM EDT
Our last HBT Daily of the year gives a brief taste of the coming winter.
Oct 31, 2014, 1:18 PM EDT
This season he hit just .247 with a .616 OPS in 113 games and Aviles hasn’t cracked a .700 OPS since 2010.
Oct 31, 2014, 1:03 PM EDT
Some random, hypothetical musings on a Friday afternoon.
Oct 31, 2014, 12:12 PM EDT
He was drafted by the Red Sox in 2002 and made 241 starts for Boston.
Oct 31, 2014, 11:47 AM EDT
The only question for next season is what inning he’ll pitch.
Oct 31, 2014, 10:50 AM EDT
Weeks has spent his entire career with the Brewers after being the No. 2 overall pick in the 2003 draft.
Oct 31, 2014, 10:19 AM EDT
Matsuzaka left Japan in 2007 to sign a six-year, $52 million contract with the Red Sox and had immediate success, but dating back to 2009 he’s combined to throw 418 innings with a 5.10 ERA.
Oct 31, 2014, 9:43 AM EDT
The mind reels when thinking of what may appear in such a publication.
Oct 31, 2014, 9:00 AM EDT
Including writeups for the top 63, because we’re not always all about round numbers.
Oct 31, 2014, 8:33 AM EDT
And it’s hard to argue with any of what Richard Sandomir has to say about it.
Oct 31, 2014, 6:27 AM EDT
Baseball people are saying that it’s one thing to go after a vacant job. It’s another thing altogether, however, to pursue a job someone — namely Rick Renteria — currently occupies.
Oct 30, 2014, 11:01 PM EDT
Giants second baseman Joe Panik started a key double play in Game 7. Here’s a deeper look at how it went down.
Oct 30, 2014, 9:47 PM EDT
The Diamondbacks announced this evening that they have exercised club options on right-hander Daniel Hudson and left-hander Matt Reynolds for 2015.
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