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.

Video: Mets execute a bizarre double play against the Nationals

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Double plays come in an assortment of combinations, from the standard 6-4-3 combo to some more unusual patterns. During the Mets’ 5-3 win over the Nationals on Saturday, however, what made this double play strange was less the product of an unorthodox route and almost entirely due to an unexpected collision on the basepaths instead.

In the bottom of the fourth inning, with the Mets trailing 1-0, Zack Wheeler caught Jose Lobaton swinging for strike three. Mets’ backstop Travis d'Arnaud fired the ball to second base, where the ball slipped out of Asdrubal Cabrera‘s glove as Jayson Werth slid into the bag for a stolen base. Second baseman Neil Walker fielded the ball in shallow center field, then tossed it to third base, and Jose Reyes tagged Werth easily for the second out of the play.

The Mets complimented their defensive efforts with a strong showing at the plate, reclaiming the lead with three home runs from Michael Conforto and Jose Reyes to clinch their tenth win of the year.

Report: Adam Eaton to miss rest of the season with a torn ACL

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It’s been a miserable weekend for Nationals’ outfielder Adam Eaton, who stumbled over first base and injured his leg while running out an infield single in Friday’s 7-5 loss to the Mets. While the team officially placed the outfielder on the 10-day disabled list with a left knee strain on Saturday, FOX Sports’ Ken Rosenthal reports that Eaton has been diagnosed with a torn ACL in his left knee and is expected to miss the remainder of the 2017 season. The team has yet to confirm the diagnosis or announce a definite timetable for the 28-year-old’s return, perhaps due to extended evaluations by Eaton’s orthopedic doctor:

The Nationals appear to have several outfield options with Eaton on the disabled list, though they have not pinned down a long-term solution. Center fielder Michael Taylor replaced Eaton on the field during the tail end of Friday’s game, and returned on Saturday to man center and bat second in the lineup. The club also promoted top outfield prospect Rafael Bautista, who slashed .291/.325/.354 with five doubles and a .680 OPS through 19 games in Triple-A Syracuse this season. He’ll assume Eaton’s roster spot and looks to be available for a backup role in the outfield going forward.