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.

And That Happened: Wednesday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Nationals 8, Cubs 4: Stephen Strasburg struck out 13 Cubs in seven innings on a day when they had to cut Miguel Montero to head off clubhouse strife and had to meet Donald Trump. Opinions may vary as to which of those — the Ks, the strife or the Trump — was the worst part. Washington built a 5-0 lead after two innings and a 6-0 lead after three. Anthony Rendon, Matt Wieters and Daniel Murphy all homered for Washington. Trea Turner stole a base. Willson Contreras managed not to slam his teammates for it afterward, so I guess that’s progress. The Cubs have lost four of six and are back down to .500. Oh, and they lost Kris Bryant to an ankle sprain. That may actually be the worst thing about the day.

Pirates 6, Rays 2: Josh Bell homered, Jose Osuna doubled twice and drove in two runs and Elias Diaz added two hits and drove in two of his own. Bell’s homer tied a rookie record for the Pirates: he’s only the second Buccos rookie, after Ralph Kiner, to have 15 homers before the All-Star break. After the game he said this:

“It’s cool to be mentioned in the same sentence as a great like that,” Bell said. “So hopefully more to come. Just going to keep trucking along.”

It’s cool that he knows who Ralph Kiner is. But does he know who Jerry Seinfeld is?

Phillies 5, Mariners 4: Down 4-3 in the ninth, the Phillies rallied for two, coming via a home run from Tommy Joseph and an RBI single from Tyler Knapp. The M’s lose both games of the short, two-game series and have now lost four in a row. Every time they look like they’re about to right the ship, they seem to get blown off course.

Giants 5, Rockies 3: Jae-Gyun Hwang got called up just before he would’ve been able to opt out of his deal with San Francisco and head back to Korea where he could make some serious bank. But he debuted yesterday and wouldn’t you know it he hit a tie-breaking homer in the sixth inning. Welcome to the majors. After the game his teammates gave him a beer shower. He said “I was actually more surprised about how cold the beer was.” Welcome to America.

Yankees 12, White Sox 3: A good day for rookies making their big league debut, as Miguel Andujar — an infielder, playing DH last night — had three hits and drove in four. Aaron Judge, a grizzled old man by comparison, hit his 27th homer. Masahiro Tanaka allowed two runs over six as the Yankees romped.

Mets 8, Marlins 0: Steven Matz — an uninjured Mets starter — tossed seven shutout innings and Asdrubal Cabrera and Curtis Granderson each hit two-run homers. The Mets have 50 homers in June, the most in a calendar month by any team since 2006. They’re also 12-14 in June, so it takes more than homers I suppose.

Astros 11, Athletics 8: Josh Reddick and George Springer had three hits each and combined for five RBI. The A’s hit five homers with two from Khris Davis — who hits two homers all the dang time, it seems –and one each from Ryon Healy, Matt Olson and Jed Lowrie. The A’s also struck out 17 times so it takes more than homers I suppose.

Blue Jays 4, Orioles 0: Marcus Stroman pitched five-hit ball into the eighth inning and Jose Bautista and Justin Smoak homered. Bautista later knocked in a run on a fielder’s choice. Bautista has been hitting leadoff for a little over a week. He’s 11-for-29 with a couple of homers, six RBI and four walks. Not too shabby.

Twins 4, Red Sox 1: Rookie lefty Adalberto Mejia shut out the Sox for five and two-thirds innings and the Twins bullpen was steady. Max Kepler singled in a run and hit a two-run shot. That’s Mejia’s second scoreless start, having blanked the Indians for five innings a in his last outing. Those are two good offenses to be shutting out.

Indians 5, Rangers 3: Trevor Bauer outdueled Yu Darvish, allowing one run over six and a third to Darvish’s three runs — two earned — over six. All of the Indians runs came on RBI singles, two from Michael Brantley. Texas mounted a mini rally in the ninth off of Cody Allen via an Elvis Andrus homer and a Rougned Odor RBI single, but it was little, too late.

Royals 8, Tigers 2: Sal Perez and Alex Gordon each drove in three, Perez with a two-run homer and an RBI double, Gordon with a single, a double and a run scoring groundout. Mike Moustakas went deep as well, as part of a four-run fourth inning. Ian Kennedy allowed two runs over seven steady innings. Kansas City is only two and a half back in the Central.

Reds 4, Brewers 3: Down 2-1 in the third, Scooter Gennett hit a two-run homer to put the Reds ahead, but Travis Shaw tied it at three late in the game with a homer. Billy Hamilton helped manufacture the go-ahead run, however, leading off the bottom of the eighth with a walk, stealing second, stealing third and that scoring on Adam Duvall‘s infield single. That’s what speed do. Bad news for the Brewers, as they lost starter Chase Anderson to a strained oblique in the second inning.

Cardinals 4, Diamondbacks 3Adam Wainwright pitched into the seventh inning, allowing two runs, and Yadier Molina and Jedd Gyorko each drove in two. Trevor Rosenthal got the save, but it was rocky as he uncorked a couple of wild pitches and allowed a run. This a game after he allowed two runs and the Cards bullpen blew a late lead and the game. There’s always something to worry about in baseball, even if you win.

Angels 3, Dodgers 2: Down 2-0 in the eighth, Trayce Thompson homered and down 2-1 in the ninth Yasmani Grandal homered to tie things up for the Dodgers. Then, in the ninth, the dang wheels came off. Ben Revere reached on an error and then reached second base on a wild pitch by Pedro Baez. Baez bore down to strike out Cameron Maybin for the inning’s second out, but the ball got away from Grandal, Maybin sprinted for first and then Grandal threw the ball away, allowing Revere to score all the way from second. What a way to lose a game.

Padres 7, Braves 4: Luis Perdomo pitched five scoreless innings and Hunter Renfroe and Cory Spangenberg each knocked in two. Bartolo Colon came back off the DL and allowed six runs over four innings to lose it. Guys: his injury was not an oblique or whatever the Braves said it was. He was suffering from acute puncture wounds due to the giant fork stuck in his back and severe burns because the man is toast.

Kris Bryant exits game with sprained right ankle

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The Cubs had a scare on Wednesday night when third baseman Kris Bryant left with an apparent ankle injury. In the bottom of the fifth inning, Nationals catcher Matt Wieters hit a pop up that veered just into foul territory near the third base bag. Bryant caught it but his momentum took him back into fair territory. In doing so, he stepped awkwardly on the third base bag and appeared to twist his ankle. Bryant needed the assistance of manager Joe Maddon and the team trainer to get off the field.

Bryant was diagnosed with a mild ankle sprain, CSN Chicago’s Patrick Mooney reports.

Bryant was 2-for-3 on the night before departing and being replaced by Jeimer Candelario. He’s now hitting .264/.395/.520 with 16 home runs and 32 RBI in 329 plate appearances. Needless to say, the 39-39 Cubs would see their playoff odds hurt immensely if Bryant were to miss a significant amount of time.