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.

Alex Rodriguez is taking his analyst role quite seriously

NEW YORK, NY - AUGUST 12: Alex Rodriguez #13 of the New York Yankees answers question in a press conference after the game against the Tampa Bay Rays at Yankee Stadium on August 12, 2016 in New York City. (Photo by Drew Hallowell/Getty Images)
Drew Hallowell/Getty Images

If you’ve happened to catch any of the coverage of the 2016 postseason on Fox and FS1, you’ve heard former Yankees DH Alex Rodriguez as part of an analyst panel with host Kevin Burkhardt and former major leaguers Pete Rose and Frank Thomas. Rodriguez has drawn rave reviews not just for passing a rather low bar we set for former athletes-turned-commentators, but because he’s adding real insight drawn both from his playing days and from doing research.

Indeed, Rodriguez is taking his new job as an analyst quite seriously, Newsday’s Neil Best reports. Bardia Shah-Rais, the VP of production for Fox, said of Rodriguez, “This is not a hobby for him. It’s not a parachute in. He’s invested. If we have a noon meeting, he’s there at 11:30 a.m. He’s emailing story ideas in the morning. He wants research. He’s almost all-in to the point where it’s annoying.”

Rose also praised Rodriguez, saying, “You’ve never been around a guy who prepares more than Alex does. Alex does his homework. He knows the game. He understands players. He’s into the deal . . . Frank does a great job in preparation, too. I’m the only one that don’t prepare as much as these two guys. I don’t know if that’s because I can’t write or what it is. But these guys do their homework and they ask questions and they ask the right questions and then you put that in with our experience, all the things we’ve been through and how good we get along with each other, that’s why it shows up on the TV.”

Rodriguez, who hasn’t officially retired despite not having played since the Yankees released him in mid-August, wouldn’t commit to more TV work beyond this year’s postseason.

Game 2 will be played one way or another

CLEVELAND, OH - OCTOBER 26:  Grounds crew workers prepare the field prior to Game Two of the 2016 World Series between the Chicago Cubs and the Cleveland Indians at Progressive Field on October 26, 2016 in Cleveland, Ohio.  (Photo by Jamie Squire/Getty Images)
Getty Images

The weather in Cleveland is not that great at the moment. It’s cold, windy, there’s drizzle and the chance for heavier rain increases as the night wears on. At the moment Game 2 of the World Series is still scheduled to kick off at 7:08PM Eastern Time, however. So bundle up.

And maybe hunker down. Because this game is going to go nine innings no matter what. Maybe not tonight, but eventually.

That’s because, you may recall, ever since that rainy, snowy mix forced the suspension in the sixth inning of Game 5 of the 2008 World Series between the Phillies and the Rays, Major League Baseball has held that all playoff games will be played in their entirety. There will be no six-inning, rain-shortened affairs.

The last word from MLB was that they would reassess the weather just before starting pitchers began to warm up this evening. If things still look about the same then, the game will proceed as scheduled. If the weather takes a turn for the worse, they’ll suspend the game and pick it up where it leaves off tomorrow.