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.

Brett Cecil doesn’t appreciate being booed by Blue Jays fans

Toronto Blue Jays manager John Gibbons pulls relief pitcher Brett Cecil during seventh inning baseball action against the Chicago White Sox in Toronto on Monday, April 25, 2016. (Frank Gunn/The Canadian Press via AP) MANDATORY CREDIT
Frank Gunn/The Canadian Press via AP
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Blue Jays reliever Brett Cecil has had a rough start to the 2016 season. The lefty leads the majors in losses with five. With that, he carries an ugly 5.59 ERA in 9 2/3 innings. Cecil entered the season with a rather lengthy consecutive scoreless innings streak, but Jays fans seem to have short memories as the home crowd has directed boos at Cecil.

TSN’s Scott MacArthur caught up with Cecil about the booing.

Struggling early isn’t anything new to Cecil. He rode a 5.96 ERA through June 21 last year, the final time in 2015 he would yield earned runs. From his next appearance on June 24 through the end of the regular season, he posted a 44/4 K/BB ratio over 31 2/3 innings. It would behoove Jays fans to show some more patience with the lefty as Cecil could easily turn things around as he did last season.

Video: A fan tried to take a selfie with Brandon Drury after a catch in foul territory

Arizona Diamondbacks' Brandon Drury swings for a two run double off San Francisco Giants' Curtis Partch in the third inning of a spring training exhibition baseball game Tuesday, March 17, 2015, in Scottsdale, Ariz. (AP Photo/Ben Margot)
AP Photo/Ben Margot
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Diamondbacks right fielder Brandon Drury made a fantastic catch in foul territory to retire Martin Prado in the bottom of the fifth inning of Wednesday’s game in Miami. The ball was hit to shallow right field and Drury reached over the low wall before toppling over.

A fan standing nearby figured it’s the perfect time for a selfie. He stood in front of Drury while the ballplayer picked himself up off the concrete. The fan swung his phone around waggled a peace sign in front of the camera and snapped a photo.

“Selfie culture” is too often assailed by people who long ago fell out of touch. This fan, however, showed no concern for Drury’s well-being and was focused only on getting the selfie. Drury, for all this fan knew, could’ve broken a bone or suffered a concussion. Not cool.

Watch Giancarlo Stanton dodge imaginary lasers dressed as Chewbacca

Miami Marlins' Giancarlo Stanton bats and reached first on a throwing error by Arizona Diamondbacks third baseman Brandon Drury during the fifth inning of a baseball game, Tuesday, May 3, 2016, in Miami. (AP Photo/Lynne Sladky)
AP Photo/Lynne Sladky
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Marlins slugger Giancarlo Stanton really likes May 4. May the fourth is “Star Wars Day” for the obvious, punny reason.

While he was doing his normal workouts, Stanton donned a Chewbacca mask, then dodged imaginary lasers and fired back at his imaginary enemies. Who knew Chewy was so buff?

May the 4th be with you from ChewyG 👹

A video posted by Giancarlo Stanton (@giancarlo818) on May 4, 2016 at 12:51pm PDT

Video: Andrew McCutchen thinks the scorer should be fired for scoring this play an error

Pittsburgh Pirates center fielder Andrew McCutchen (22) watches from the dugout during the seventh inning of a baseball game against the Detroit Tigers on Wednesday, April 13, 2016, in Pittsburgh. Detroit won 7-3.(AP Photo/Don Wright)
AP Photo/Don Wright
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Pirates center fielder Andrew McCutchen had trouble coming up with an Anthony Rizzo line drive in the top of the third inning. The ball seemed to curve at the last minute, clanking off of McCutchen’s glove, setting up first and third with two outs for the Cubs. McCutchen was sacked with an error. Ben Zobrist then cranked out a three-run home run off of starter Juan Nicasio to put the Cubs up 3-0.

Per Rob Biertempfel of the Pittsburgh Tribune-Review, McCutchen said after the game, “Whoever scored that an error should be fired. That’s unbelievable. I did everything I could to catch it.”

Here’s the video. Rule 9.12(a) in baseball’s official rules states:

(a) The official scorer shall charge an error against any fielder:
(1) whose misplay (fumble, muff or wild throw) prolongs the time at bat of a batter, prolongs the presence on the bases of a runner or permits a runner to advance one or more bases

Pretty cut and dried stuff here. It was an error.