lawsuit gavel

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.

The Braves and Fulton County are fighting over a Hank Aaron statue

FILE- In this Nov. 12, 2013 file photo, a statue of Hall of Fame baseball player Hank Aaron stands outside Turner Field, the home of the Atlanta Braves in Atlanta. The Atlanta Braves pulled perhaps the most surprising move of the year. They announced after months of secret talks with Cobb County leaders plans to move to a suburban stadium and leave downtown where they’ve played since moving from Milwaukee in 1966. The impending Braves’ departure aside, Atlanta Mayor Kasim Reed managed to keep the NFL’s Atlanta Falcons happy. He agreed for the city to cover part of the construction costs for a new retractable-roof stadium to replace the Georgia Dome downtown. Both new stadiums are projected to open in 2017. (AP Photo/David Goldman, File)
Associated Press
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Divorce is hard. It’s hard on the kids and hard on your own emotions. Then, of course, there’s the fighting over money. Eventually you sort that stuff out too, but at some point you’ll come across something that cannot be divided between you and for which visitation schedules simply aren’t suitable.

Maybe it’s the family photo album. Maybe it’s that 60-year-old cast iron skillet which you got at that estate sale and which is perfectly seasoned and, oh God, you can’t imagine making fried chicken in anything else YOU GOT THE HOUSE, JENNY, MY GOD I GET TO KEEP THE SKILLET!!!

Um. Sorry. Got carried away there for a second. Where was I? Oh yes. Maybe it’s that statue you and your ex both love. You know, that one of the guy who hit 755 home runs and who has served as the face of your franchise for over 60 years:

For about three hours Wednesday, it looked like the statue of baseball hall of famer Hank Aaron would be staying in Atlanta.

The agency that owns Turner Field proudly announced it holds documents showing “the people of Atlanta and Fulton County” own the bronze, and that a deal had been struck with the Braves to keep the statue at Turner Field.

Then came a statement from the Braves saying, in effect: nuh huh. The statue, the team said, should go wherever the Hammer wants it.

And with those dueling press statements, the fate over one of Atlanta’s treasured sports landmarks remained in limbo, just as it has been since the day the Braves announced plans in late 2013 to move from downtown to Cobb County after the 2016 season.

The latest: Hank Aaron says he wants no part of the dispute and that the club and the city should solve it themselves. Which is absolutely the right move. And, frankly, kind of crappy of the Braves to throw it in Aaron’s lap in the first place. They’re the ones who, figuratively speaking, broke up the marriage by messing around with that younger, richer suitor after all. Now they’re trying to make Aaron either be a bad guy to Braves fans who attend games after 2016 and don’t get to see the statue or the city of Atlanta who would have yet another piece of their baseball history transplanted to the burbs? Forget that.

If I were Aaron I’d propose that we saw the thing in half. Then we’d see who values it more. I heard that approach has worked before.

Tim Lincecum is working out in an “secret location”

Tim Lincecum
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A free agent pitcher on the decline coming off of major surgery and still looking for work on February 12 isn’t exactly the definition of Big News. But as newspaper men have known for ages, if you make a bit of information sound cool enough, it becomes news.

Or, in some cases, you can make a lack of information sound cool. If you hear about a trade rumor but aren’t able to actually find out the identity of one of the teams, call it a “mystery team.” Oooh, isn’t that dramatic? Aren’t you privy to all kinds of intrigue! Or, how about this: that free agent on the decline is doing what scores of other ballplayers looking for work are doing and is working out in the Phoenix area, trying to catch on someplace. That’s kind of boring. And you don’t even know who he’s auditioning for or where to boot. Man, that’s not the sort of information that’s gonna be fun or interesting to report.

Wait!

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There. “Secret location.” THAT sounds exciting. THAT separates this bit of news from the dog-bites-man “baseball player playing baseball” non-story. *reporter cracks knuckles* “Now to sit back and wait for the plaudits for my amazing reporting skills to come rolling in.”

CC Sabathia: getting in shape and ready for baseball

sabathia getty
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CC Sabatha made headlines in October when he abruptly left the Yankees to go into alcohol rehab. After a month there he came back and gave interviews about his decision and his battle with the bottle and then disappeared into the offseason the way most players do.

He emerged the other day and spoke with the New York Daily News’ Mark Feinsand and says that he’s ready for baseball once again. Indeed, in some ways he’s more ready now than he usually is by mid February. He’s been throwing bullpen sessions for the past three weeks — he normally waits until he gets to Tamps — and he says his troublesome knee is feeling good.

 

Sabathia will turn 36 during the season. In 2015 he was 6-10 with a 4.73 ERA in 29 starts and posted his lowest strikeout rate in a decade. Late in the season, however, with the help of a knee brace, he was at his most effective in some time. He won’t need to return to 2008 form in order to help the Yankees this season, but he will need to look more like he did in September if he is to help the Yankees to the playoffs.

Jacob deGrom open to extension with Mets

New York Mets starting pitcher Jacob deGrom talks during media day for the Major League Baseball World Series against the Kansas City Royals Monday, Oct. 26, 2015, in Kansas City, Mo. (AP Photo/Charlie Riedel)
AP Photo/Charlie Riedel
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The Mets are currently enjoying the spoils of the best young rotation in the game, but the big question is whether this is just a brief window or the start of sustained success. Given the huge prices on the free agent market, it’s going to be next to impossible to keep the band together, but at least one member of the rotation is open to sticking around for the long-term.

While there haven’t been any talks yet, All-Star right-hander Jacob deGrom told Kevin Kernan of the New York Post that he could see himself discussing an extension with the Mets.

“I’m a little bit older, so I might be more willing to do something like that,’’ deGrom told The Post at Mets pre-camp. “You just have to look at what is fair so both sides get a decent deal. It’s something I’d have to look into and make sure I agree with it.’’

It makes sense from deGrom’s perspective. He broke into the majors later than most prospects, so he’ll be 28 this June. Depending on whether he qualifies as a Super Two, he’ll be arbitration-eligible for the first time after either 2016 or 2017. Either way, he’s under team control through 2020, which means that he’s currently on track to hit free agency after his age-32 season. The market might not be kind to him even if he manages to stay healthy, so it could behoove him to get as much guaranteed money as possible right now. The Mets could always decide to play things year-to-year, but perhaps deGrom would be willing to settle for a discount in order to get them to buy out a free agent year or two. It’s a really interesting situation to think about, but odds are the two sides will wait on contract talks until he’s arbitration-eligible for the first time.

DeGrom owns a 2.61 ERA in 52 starts over his first two seasons in the majors. Among starters, only Zack Greinke, Jake Arrieta, and Clayton Kershaw have a lower ERA since the start of 2014.