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.

Adam Eaton sustains leg injury after tripping over first base

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Nationals’ outfielder Adam Eaton was carried off the field after stumbling over first base on Friday night. In the ninth inning of the Nationals’ 7-5 loss to the Mets, Eaton appeared to catch his ankle on the bag as he ran out an infield single, suffering a leg injury on the fall. He was unable to put pressure on his left leg after the play and required assistance by two of the Nationals’ athletic trainers as he exited the field.

Eaton is scheduled to undergo an MRI on Saturday, but Nationals’ manager Dusty Baker told reporters that it “doesn’t look too good.” It’s the first significant leg injury the outfielder has sustained since 2014, when he went on the 15-day disabled list with a hamstring strain. He’ll likely be replaced by Michael Taylor in center field for the next couple of games, though that could be a temporary fix as the Nationals seek a better solution during Eaton’s recovery process.

Madison Bumgarner likely sidelined through the All-Star break

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It’s been just over a week since Giants’ left-hander Madison Bumgarner got a serious scare after a nasty dirt bike accident. He escaped with bruised ribs and a Grade 2 strain of his left shoulder AC joint, but there was some speculation that the injuries would cause a significant, if not permanent, setback in the southpaw’s career. Thankfully, things aren’t looking quite so bleak today. Not only will Bumgarner not require surgery, but he could return as soon as the week following the All-Star break, the Giants said Friday.

Of course, that timeline is wholly dependent on how smoothly the recovery process goes, so nothing is set in stone yet. NBC Sports Bay Area’s Alex Pavlovic estimates 2-3 months of rest and rehab, including “two months before he can get back on the mound and then another three to four weeks of throwing and rehab starts before he’s big league-ready.” It’s a long and laborious schedule, but still looks much better than any surgical alternative.

Prior to the accident, Bumgarner was working on a solid start to the 2017 season. He maintained a 3.00 ERA, 1.3 BB/9 and 9.3 SO/9 through 27 innings with the club, though his average 1.75 runs of support per start fed into an 0-3 record.