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Buy Me Some Peanuts and Liability Insurance: Spectator Injuries at Sporting Events
America’s national pastime has taken ahit over the years as young fans increasingly flock to other sports, leavingbaseball diamonds in the dust. One way owners hope to lure fans back is withthe retro-ballpark. The ballpark, as opposed to the stadium, is a charmingthrowback to yesteryear. The main goal? To increase ticket sales by makingviewers feel like they are part of the game. These so-called fan friendlyvenues, though, may put spectators in the path of harm’s way. Balls are thrownand hit harder than ever. They can fly into the stands at up to 120 miles perhour. Also, players sometimes lose the grip on their swings, launching woodenmissiles that are difficult to spot, let alone avoid.
Is goingto a baseball game really this dangerous? Yes and no. Make no mistake, thechance of being hit by flying baseball equipment is real. The few Major Leagueclubs that have released statistics on spectator injuries see around 35 to 50bumps and bruises annually. Considering there are about 80 home games eachseason and tens of thousands of fans per game, these numbers aren’t so bad.Indeed, Major League Baseball has seen just one death from a foul ball. Thedeath total for the history of professional baseball only reaches five.
| Bleacher bums beware: most courts assume you know the potential dangers before you settle in for nine innings. |
Baseballhas taken great measures to protect fans, even when spectators would ratherrisk it. All ballparks are required to have nets shielding the mostsusceptible seats directly behind home plate. Many safety seekers also arguefor expanded netting or plexiglass down the first and third base lines. However,these seats are also some of the most expensive. That’s because fans sittingthere often hope to catch a “free” souvenir as they root, root, root for thehome team.
Bleacherbums beware: most courts assume you know the potential dangers before yousettle in for nine innings. Agreeing with nearly a century of legal decisionson baseball, a Massachusetts court recently tossed a lawsuitfiled by a woman injured by a foul ball at a Boston Red Sox game. Jane Costaalleged the ball club had a duty to warn her of the danger of balls possibly enteringthe stands. Her argument struck out with the court. Instead, the court foundthat such danger is sufficiently obvious. In other words, a person of ordinaryintelligence should know the risk and not require additional warning.
As alwaysin the law, there are cases on deck that may prove the exception. Baseballowners watch closely. During a minor league game, one spectator was struck andseriously injured by a foul ball as he waited in line at a concession stand.The New Jersey court permitted the lawsuit toproceed. They reasoned that a fan getting a drink is not the same as sitting inthe stands regarding the club’s duty to protect spectators.
If aninjured spectator cannot successfully sue the ball club for failure to warn,what options exist for the wounded fan blindsided by a ball or bat in thestands? Thecourt in the Red Sox case wrote that injured fans “are left to bear the costsof their injuries, even though they played no role in causing them except bychoosing to attend the game.” The court was careful to point out that JaneCosta’s theory wasn’t sufficient for collecting from the ballpark. But theyalso mentioned that she didn’t argue “the [protective] netting should haveextended to the area where she was seated, or otherwise question the design ofthe ballpark.” Perhaps the court was offering free legal advice for any futureline-up of injured spectators.
Althoughfan injuries are most common in baseball, it isn’t the only sport to deal with spectatorliability. Hockey poses the danger of wild pucks flying into the stands. Injuriesoccur less frequently, though, because of the rink’s protective glass. Evenso, tragedy can occur, as when a young girl died from being hit by a puck a fewyears ago. Football has no obvious peril of objects sailing into the crowd. TheNational Football League intends to keep it that way by fining players whothrow souvenir pigskins into the stands.
Sporting events can be fun, rewarding experiences, particularly in theeverything-old-is-new-again-retro-ballparks, which are architectural gems forthe old ballgame. It is important to understand the risks before you settletoo comfortably. Some sections are more prone to flying objects than others,so check it out before you go. And if you are injured, you will likely havelittle, if any, recourse. If you choose one of the riskier seats, bring aglove to potentially save your fingers or face from a foul. Above all, payattention, no matter where you sit. The back of your ticket probably tells youthat – just don’t read it during the game.
Play ball!
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