04/23/24
June 10, 2004
Be Alert: Foul Balls and Bats Hurt.: Courts rule against woman badly hurt by a foul ball hit into the stands -- she cannot sue the ballclub. By endorsing the ticket and attending the game, you waive your right to sue the club or hold the team or MLB liable for injury. That, along with so much more (including giving the club rights to the use of your image while you are in the park), is written in very fine print on the back of your baseball ticket, but very few people bother to read it or even know about it.
posted by jerseygirl to baseball at 10:32 PM - 10 comments
It does my heart good when the jerk in front of me who's talking on his phone and waving to someone across the stadium/arena gets popped with a ball or a puck. Do what you want during stoppages, but when the game's going on, pay attention...
posted by MeatSaber at 11:35 PM on June 10, 2004
I recently went to a minor league double header with my wife. Though I spent much of the game explaining strategy to her, I always made sure she was paying attention during every pitch (we were right behind the dugout). I'm sure she got tired of all my warnings, and I was always prepared to save her with my cat like reflexes. If the court had ruled for this woman I'm guessing it would only have been a only a matter of time before a giant net or sheet of protective glass would have been constructed around the entire field.
posted by justgary at 12:03 AM on June 11, 2004
I got this story in an email at work yesterday. The one I received included this line... "In this case (the ruling) affirmed that the landowner, the Red Sox, did not owe her a duty to warn of the dangers that would be obvious to persons of average intelligence." That about sums it up.
posted by 86 at 07:45 AM on June 11, 2004
Even so, don't they make an announcement at the beginning of games that batted balls may be hit into the stands -- so watch out? Or is that a recent development since Sue Van Lawyersalot decided to get all litigious?
posted by Jugwine at 07:50 AM on June 11, 2004
I got spiked by an out-of-control long jumper at the Mass state track and field championships last weekend. Can I sue? Can I sue?
posted by lil_brown_bat at 08:22 AM on June 11, 2004
I'm sure she got tired of all my warnings, and I was always prepared to save her with my cat like reflexes. When I go to games with my kids, I stay away from the worst locations for blazing foul balls. There's no way you could react quickly enough to some of them, and even if you did, the actions of other spectators could prevent you from blocking or catching the ball or bat. Although spectators assume the risk, baseball should extend the nets and issue a standard before-game warning on the loudspeakers. I've been to hockey games since the death of that girl in Columbus prompted the addition of nets, and they're barely noticeable.
posted by rcade at 08:59 AM on June 11, 2004
"In this case (the ruling) affirmed that the landowner, the Red Sox, did not owe her a duty to warn of the dangers that would be obvious to persons of average intelligence." Agreed. It almost likens it to someone suing the city because they were standing in the street and got hit by a car.
posted by jerseygirl at 09:14 AM on June 11, 2004
When I read the article, my first thought was media bias. Who would be dumb enough to argue that they didn't know a baseball flying through the air might hit someone? Curious about the actual arguments she made, I went looking for the ruling. You can read the ruling here. Excerpts: We agree that, as matter of law, the plaintiff may not recover on the only theory she advances -- negligent failure to warn of the danger of being hit by a foul ball. In its amicus brief, the office of the commissioner of baseball ... justifies this result with the cavalier observation that "the timorous may always choose to stay at home." She did get an expert to say that she had at most 1.07 seconds to react, not enough time to avoid the ball. But she didn't argue that her injury was unavoidable, only that people at ball games should be forewarned about foul balls. If she didn't have time to react, how would a sign have helped? So much for my "media making her look dumb" theory. I guess she did that on her own. This wouldn't be public record, but I wonder if the Red Sox tried to settle -- it would have been nice of them, and maybe a good PR move, to pay some of her medical bills. Or maybe they were just annoyed that she tried to sue and went to court. I love a good lawsuit.
posted by chickenmagazine at 04:05 PM on June 11, 2004
I don't know if this even falls under the current ownership's responsibility.
posted by jerseygirl at 04:58 PM on June 11, 2004
To me as a game attending fan, I feel like if a newbie is with me, it's up to me to warn them (several times if needed) about the possibility of getting hit with foul objects. Also, there's a certain amount of common sense required and the park can have signs to warn the spectators. Fenway has signs, but also sporadically mentions it on the jumbo screen throughout the game. I've almost been hit with baseballs, but the scariest was having a bat fly right over my head and whack someone a few rows behind me.