lawsuit gavel

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


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.

There’s no one to blame in Yankees’ loss

Joe Girardi

You’re going to boo All-Star Brett Gardner for striking out against a Cy Young contender?

You’re going to bash Alex Rodriguez for going hitless in another postseason game, three years after his last one?

Maybe you’d prefer to put it all on Masahiro Tanaka for giving up two solo homers to a lineup full of 20-homer guys?

The truth is that the Yankees were supposed to lose tonight. They were facing an outstanding left-hander with their forever-lefty-heavy lineup, and they simply didn’t have anyone pitching like an ace to set themselves up nicely for a one-game, winner-take-all showdown. The 3-0 result… well, that’s how this was supposed to go down.

It didn’t necessarily mean it would; what fun would it be if the better team always won? And the Astros might not even be a better team than the Yankees. However, the Astros with Dallas Keuchel on the mound were certainly a better team than the Yankees with whoever they picked to throw.

I just don’t see where it’s worth putting any blame tonight. Joe Girardi? He could have started John Ryan Murphy over Brian McCann against the tough lefty, but he wasn’t willing to risk Tanaka losing his comfort zone by using a backup catcher.

The front office could have added more talent, perhaps outbidding the Blue Jays for David Price or the Royals for Johnny Cueto, and set themselves up better for the postseason. However, that would have cost them Luis Severino and/or Greg Bird, both of whom went on to play key roles as the Yankees secured the wild card. Would it really have been worth it? I don’t think so.

Tanaka gave the Yankees what they should have expected. Had Keuchel’s stuff been a little off on short rest, Tanaka’s performance would have kept the Yankees in the game.

Keuchel, though, was on his game from the first pitch. The Astros bullpen might have been a bit more vulnerable, and late at-bats from Gardner, Carlos Beltran, Rodriguez and McCann definitely left something to be desired. Still, on the whole, the lack of offense was quite a team effort.

The Yankees got beat by a better team tonight.  I’m not sure the Astros would have been better in Games 2-7 in a longer series, but they had everything in their favor in this one.

Keuchel, Astros cruise past Yankees in AL Wild Card Game

AP Photo/Kathy Willens

Dallas Keuchel faced the Yankees two times during the regular season and was fantastic in each outing, striking out 12 in a complete-game shutout on June 25 and whiffing nine batters over seven scoreless frames on August 25.

The 2015 Cy  Young Award candidate continued that trend in Tuesday night’s American League Wild Card Game, limiting the Yankees to three hits and one walk over six innings of scoreless ball as the Astros earned a 3-0 win and advanced to a best-of-five ALDS with the top-seeded Royals.

Keuchel was working on three days of rest but didn’t show very many signs of fatigue, whiffing seven and needing only 87 pitches to get through six. He sure looked like he could have gone an inning longer, but Astros manager A.J. Hinch decided to turn the game over to his bullpen and they added three more big zeroes to the scoreboard at a very loud then very boo-heavy Yankee Stadium. Tony Sipp worked around some early jitters to throw a scoreless seventh, Will Harris kept the Yankees off the bases entirely in a scoreless eighth, and closer Luke Gregerson went 1-2-3 in the bottom of the ninth.

Impending free agent outfielder Colby Rasmus provided the first burst of offense for the Astros in the top of the second inning with a leadoff homer against Masahiro Tanaka. And then deadline acquisition Carlos Gomez, who missed a bunch of time down the stretch with an intercostal strain, got to Tanaka for another solo shot in the top of the fourth. Houston scored its third run on a Jose Altuve RBI single in the top of the seventh.

This is a young, talented Astros team with an ace at the head of its rotation.

Kansas City could have a problem.