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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.

Should Dave Roberts have taken Clayton Kershaw out of Sunday’s game?

NEW YORK, NY - MAY 29:  Clayton Kershaw #22 of the Los Angeles Dodgers delivers a pitch in the first inning against the New York Mets at Citi Field on May 29, 2016 in the Flushing neighborhood of the Queens borough of New York City.  (Photo by Elsa/Getty Images)
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Dodgers manager Dave Roberts will likely be second-guessed heavily during tomorrow’s news cycle. Starter Clayton Kershaw had pitched a terrific ballgame, as is his tendency, but with 114 pitches to his name, Roberts decided to pull him from the game in the eighth inning with two outs and a runner on first base.

Roberts opted not for closer Kenley Jansen, who hasn’t pitched since Wednesday, but for another lefty in Adam Liberatore. He was playing the numbers, with the left-handed-hitting Curtis Granderson coming up. Liberatore, much to Roberts’ chagrin, served up what turned out to be a game-tying triple to Granderson, hitting a rocket to right-center just out of the reach of a leaping Yasiel Puig.

Jansen has, for six years, been one of the game’s elite relievers. Kershaw, though at a high pitch count, doesn’t seem to suffer from the times through the order penalty like most pitchers. Kershaw’s opponents’ OPS facing him for the first time was .525 coming into Sunday. Twice, .597. Three times, .587. Four times, .526 (but this suffers from survivorship bias so it’s not exactly representative).

Furthermore, Kershaw held lefties to a .546 OPS over his career. Liberatore, in 99 plate appearances against lefty hitters, gave up a .575 OPS. Jansen? .560. It seems that, faced with three decisions, Roberts arguably made the worst one. Playing conservative with Kershaw at 114 pitches is defensible, but only if Jansen comes in. If Roberts wanted the platoon advantage, Kershaw should have stayed in.

Luckily for the Dodgers, Mets closer Jeurys Familia didn’t have his best stuff. He loaded the bases with one out in the top of the ninth on a single and two walks, then gave up a two-run single to Adrian Gonzalez, giving the Dodgers a 4-2 lead. Jansen came on in the bottom half of the ninth and retired the side in order to pick up his 15th save of the season.

Royals sweep White Sox over the weekend on three late rallies

KANSAS CITY, MO - MAY 28:  Brett Eibner #12 of the Kansas City Royals celebrates his game-winning RBI single with teammates in the ninth inning against the Chicago White Sox at Kauffman Stadium on May 28, 2016 in Kansas City, Missouri. The Royals won 8-7. (Photo by Ed Zurga/Getty Images)
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The Royals had themselves a pretty good weekend. The quickly fading White Sox, not so much.

On Friday, the Royals fell behind 5-1 after the top of the sixth. They would score once in the bottom of the sixth, four times in the seventh, and once in the eighth to steal a 7-5 win facing pitchers Miguel Gonzalez Dan Jennings, Matt Albers, Zach Duke and Nate Jones.

On Saturday, the Royals entered the bottom of the ninth down 7-1. They scored seven runs on closer David Robertson and Tommy Kahnle to win 8-7.

On Sunday, the Royals were down 4-2 after the top of the eighth. They plated three runs in the bottom half of the eighth against Jones and Albers, going on to win 5-4.

Coming into the weekend, the Royals were 24-22 in third place. The White Sox were 27-21, a half-game up in first place. Now the Royals are in first place by a game and a half, and the White Sox are in third place, two games out of first.

Here’s video of the Royals’ comeback on Saturday, since it was so unlikely:

Report: Ryan Braun is “the hot name out there”

ATLANTA, GA - MAY 24: Ryan Braun #8 of the Milwaukee Brewers waits to hit during the first inning against the Atlanta Braves at Turner Field on May 24, 2016 in Atlanta, Georgia. (Photo by Scott Cunningham/Getty Images)
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In Saturday’s column for The Boston Globe, Nick Cafardo notes that, according to a scout, Brewers outfielder Ryan Braun is “the hot name out there.” Braun has been bothered by neck and back issues this year, missing on Sunday his eighth start out of the Brewers’ last 14 games, but he has still put up a quality .351/.424/.583 triple-slash line in 170 plate appearances this year.

More importantly for an acquiring team, Braun is in the first year of a five-year, $105 million contract. He’s earning $19 million this season and in the ensuing two seasons, and then his salary decreases slightly to $18 million in 2019, $16 million in 2020, and $15 million if both sides pick up his mutual option (else a $4 million buyout would be exercised).

Per Cafardo, the Astros, Cardinals, Red Sox, Phillies, Mets, Giants, and White Sox are potential landing spots for Braun.

Mets unhappy with Dodgers’ request to make outfield markings to position fielders

NEW YORK, NY - MAY 28:  The 1986 New York Mets are honored before the game between the New York Mets and the Los Angeles Dodgers at Citi Field on May 28, 2016 in the Flushing neighborhood of the Queens borough of New York City.The New York Mets are honoring the 30th anniversary of the 1986 championship season.  (Photo by Elsa/Getty Images)
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Ken Rosenthal of FOX Sports reports that the Mets have asked MLB for clarification on the Dodgers’ use of a laser rangefinder for defensive positioning over this weekend’s series at Citi Field. The Dodgers notified the Mets’ ground crew that they wanted to mark certain positions in the outfield grass after determining positions with the rangefinder. The grounds crew said they could leave two marks in center field and one in left field.

However, the grounds crew then went to their superiors and told them that the Dodgers threatened to dig holes in the outfield grass with their cleats, so the grounds crew was then instructed to “erase or obliterate” any of the Dodgers’ markings.

According to Rosenthal, Major League Baseball reinforced a few weeks ago that teams aren’t allowed to use markers to aid defensive positioning. The Dodgers haven’t been accused of doing anything nefarious during a game. Howie Kendrick was seen pulling something out of his pocket in the outfield, but Brett Anderson clarified on Twitter that it was just a piece of paper with notes for defensive positioning.

The series between the Mets and Dodgers has been heated, as Noah Syndergaard was ejected for throwing at Chase Utley on Saturday. Utley then responded by hitting two home runs, one of which was a grand slam. The Mets may have a legitimate concern, or it may just be gamesmanship.