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Should ball parks be held responsible for foul ball that injures a fan?
Posted on 6/10/14 at 10:42 am
Posted on 6/10/14 at 10:42 am
quote:
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.
quote:
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.
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Posted on 6/10/14 at 10:44 am to tduecen
No. Life just has risks; what else can we expect ballpark owners to reasonably do?
Posted on 6/10/14 at 10:45 am to tduecen
Absolutely not.
No..what's a joke is that parks have to spend time and manpower to make/post signage telling people that, at a BASEBALL GAME, that if you sit in an area without a fence in front of your face, you could possibly be hit.
quote:
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
No..what's a joke is that parks have to spend time and manpower to make/post signage telling people that, at a BASEBALL GAME, that if you sit in an area without a fence in front of your face, you could possibly be hit.
Posted on 6/10/14 at 10:45 am to tduecen
Yes it's always someone else's fault
Posted on 6/10/14 at 10:47 am to tduecen
Fans will have to start signing waiver of liability forms before going to games
Posted on 6/10/14 at 10:49 am to tduecen
quote:
Should ball parks be held responsible for foul ball that injures a fan?
Absolutely not.
Posted on 6/10/14 at 10:49 am to ForeverLSU02
No.
It's a joke that the risks 'aren't well known.' This is as bad as an NFL lineman claiming he didn't know that slamming his helmet into the opposition over several years could have ill effects on his brain.
It's a joke that the risks 'aren't well known.' This is as bad as an NFL lineman claiming he didn't know that slamming his helmet into the opposition over several years could have ill effects on his brain.
Posted on 6/10/14 at 10:49 am to ForeverLSU02
Surprise they don't have them with season ticket holders and when you buy online honestly
Posted on 6/10/14 at 10:49 am to tduecen
No. Could you imagine how many people would cry wolf if the ball park were liable for this?
Posted on 6/10/14 at 10:50 am to tduecen
No. Should golf courses be liable for golf balls that strike patrons?
Posted on 6/10/14 at 10:50 am to tduecen
You know the risks when you go into the park.
Posted on 6/10/14 at 10:52 am to tduecen
Whenever I see a ball hit someone or come close it's usually a female paying more attention to her cell phone than the game.
Posted on 6/10/14 at 11:02 am to tduecen
Assuming the ball parks nets are maintained in a reasonably safe condition, no they should not be liable. If the ball park owner/management lets their nets go into disrepair and and ball goes through and injures somebody, then it's a question for a jury IMO
Posted on 6/10/14 at 11:04 am to tduecen
Yes. Personal responsibility has no place in tomorrow's AmeriKa.
Posted on 6/10/14 at 11:19 am to tduecen
Sounds like a liberal idea....or someone trying to get something for nothing. You go to a game to watch THE GAME. There is inherent risk in leaving your house, but you do it anyway.
Posted on 6/10/14 at 11:20 am to tduecen
"Be held"? No.
Should MLB teams and stadiums who profit mightily from your attendance help out in cases of catastrophic injury? Of course.
Should MLB teams and stadiums who profit mightily from your attendance help out in cases of catastrophic injury? Of course.
Posted on 6/10/14 at 11:26 am to tduecen
No they shouldn't be responsible. When you go to a ballgame you need to pay attention and put the phone away. Facebook and twitter will be there when the game is over. If you sit along the lines, balls will be hit in your area.
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