Should baseball teams be held liable when foul balls injure fans?

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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.

2017 Preview: Minnesota Twins

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Between now and Opening Day, HardballTalk will take a look at each of baseball’s 30 teams, asking the key questions, the not-so-key questions, and generally breaking down their chances for the 2017 season. Next up: The Minnesota Twins.

Which iteration of the Twins will we get in 2017? The second-place contenders of 2015, blazing their way through the standings with 83 wins and a handful of hot prospects? The burnouts of 2016, flopping to the bottom of the division with 103 losses and a lineup held in place by Brian Dozier and, well, Brian Dozier? Or something in between?

Finishing dead last has its perks, namely a first-round draft pick and the feeling that things can’t be quite as bad as they were the year before. Unfortunately for the Twins, the only major preparation they made for the 2017 season came in the form of a front office shakeup. Derek Falvey assumed control of the club in October, bringing GM Thad Levine into the fold in November as the club assumed a more analytics-friendly approach toward the rebuilding movement.

When it came to roster revisions, however, there wasn’t much moving or shaking this winter. Third baseman Trevor Plouffe, catcher Kurt Suzuki and left-handers Tommy Milone and Pat Dean vacated their spots on the roster. Falvey avoided some of the bigger bats and bullpen arms in free agency and opted to sign backstop Jason Castro and journeyman reliever Ryan Vogelsong instead.

By and large, the core of the Twins’ roster remained the same. Center fielder Byron Buxton, infielder/outfielder Michael Sano and right-hander Jose Berrios still form the nucleus of the club’s top prospects. Middle infielder Brian Dozier will also return in 2017, though he appears to be on borrowed time with the Twins after putting up monster numbers in the second half of 2016. Ervin Santana will head the rotation again, accompanied by fellow veterans Hector Santiago, Kyle Gibson and Phil Hughes, while right-handed relievers Brandon Kintzler, Ryan Pressly and Matt Belisle and rehabbing lefty Glen Perkins attempt to prevent another bullpen collapse in 2017.

Without any major additions to the team (and, excepting the departure of Trevor Plouffe, any major subtractions), the Twins will look to their existing cadre of players for significant improvements in 2017. Miguel Sano is expected to take over third base in Plouffe’s absence, which will bring a welcome end to his short-lived and wholly unsuccessful experiment in right field. Brian Dozier, Jorge Polanco and Joe Mauer should round out the infield, with Byung Ho Park and Kennys Vargas currently vying for a spot as the team’s designated hitter.

The lineup is still four or five or six sluggers shy of formidable, but if Dozier can be counted on to repeat his 42-homer, 5.9 fWAR performance from 2016, there will be at least one Twin worth intentionally walking in 2017. Neither Miguel Sano nor Byron Buxton have quite found their footing against big league pitching yet, and another year spent struggling in the majors could mean another year of sub-optimal run production for the team as well. Jason Castro, who grades as an above-average defender behind the plate, is unlikely to provide any additional pop for the Twins at the plate after slashing just .210/.307/.377 through 376 PA with the Astros in 2016.

The pitching department also leaves a little to be desired in light of the league-worst 5.09 ERA they amassed last season. A veteran-heavy rotation could get a boost from the addition of fifth-starter candidate Jose Berrios, who is thought to be the favorite after fellow rotation candidate Trevor May underwent Tommy John surgery earlier this week. Right-hander Tyler Duffey and 23-year-old southpaw Adalberto Mejia are also waiting in the wings. Both have made convincing cases for their inclusion on the pitching staff this spring, but Duffey is coming off of a 6.43 ERA in 2016 and Mejia lacks some of the polish that Berrios offers. Still, stockpiling young pitching depth isn’t a bad thing, and could give the Twins a cushion in the event of injury or collapse down the stretch.

The bullpen outperformed the rotation in 2016, which is saying… something, though maybe not a lot. They still finished the year with a cumulative 4.63 ERA, good for last place among their American League rivals, and delivered just 2.1 fWAR while taking on the fourth-most innings in the league. The standout performer was 28-year-old righty Ryan Pressly, who worked a 3.70 ERA, 2.7 BB/9 and 8.0 SO/9 in 75 1/3 innings last year. In light of Ryan Vogelsong’s recent departure from the club, the Twins will round out their bullpen with left-hander Craig Breslow, who turned in a 4.50 ERA with the Marlins in 2016 and is looking for a bounce-back season of his own after reworking his delivery at age 36.

For now, it looks like Falvey and the Twins’ front office are taking a wait-and-see approach to the coming season, which bodes well for their long-term vision (assuming most of their young prospects pan out) and not so well for their chances of moving up in the division in the next year or so. That could change by the trade deadline if they can secure a worthwhile return for Dozier, though given the rumors of their understandably high asking price, it could take more than a few months to get a deal in place.

Even assuming that all the chips fall in the Twins’ favor in 2017 — prospects start hitting consistently, the rotation solidifies, and Falvey loosens the purse strings enough to net more established contenders — it’s difficult to imagine anything more than a fourth-place finish for the club as they continue to rebuild and regroup. Barring any major improvements on the inconsistent, if occasionally productive, lineup of 2016, another last-place finish feels imminent.

Prediction: Fifth place, AL Central.

Video: Angels use eight pitchers in spring training no-hitter

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Who says no-hitters can’t be just as fun when they happen during spring training?

Angels’ right-hander Bud Norris delivered two perfect innings on Friday night, paving the way for an eight-pitcher no-hitter against the Mariners at Tempe Diablo Stadium. Jose Alvarez, Cam Bedrosian, Andrew Bailey, Austin Adams, Drew Gagnon and Justin Anderson each filed a hitless inning of their own, leaving right-hander Abel De Los Santos to close out the ninth inning with just three pitches — and three game-saving plays by the defense.

Of course, it didn’t hurt that the Angels were facing a bevy of Mariners’ backups, rather than their starting lineup. In fact, Seattle’s lineup featured just two starting players — outfielder Leonys Martin and shortstop Jean Segura — while the majority of their everyday position players took on the Royals in a 4-3 win elsewhere in the Cactus League. The Mariners managed to reach base twice, first on catcher interference in the fourth inning, then on a four-pitch walk in the sixth, spoiling the Angels’ chances of turning their combined no-hitter into a combined perfect game.

Still, whether it’s executed in spring training or the regular season, against an All-Star lineup or one comprised of minor leaguers, a no-hitter is a no-hitter. The team’s eight-pitcher effort marked the first spring training no-no the Angels had completed since 1996, when they took on the Giants in a 15-0 showdown. Unfortunately for the 1996 squad, their regular season ended with a 70-91 record, good for last place in the AL West. Perhaps this no-hitter will prove a better omen for the coming season.