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.

Jose Canseco to join NBC Sports California as an A’s analyst

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Hey, I have a new coworker: Jose Canseco has been hired by NBC Sports California as an Athletics pregame analyst.

OK, maybe he’s not technically a coworker, as the folks at NBC Sports California — formerly CSN Bay Area — and I do not hang out at the water cooler, have potlucks in the conference room or exchange secret Santa gifts at Christmas time, but dang it, I’m gonna TELL people I work with Jose Canseco. The only downside will be people assuming that, because he and I are on the same team, my performance is something less than authentic. Or, perhaps, Canseco may write another book and tell all of my secrets.

Anyway, Canseco will be part of NBC Sports California’s A’s Pregame Live and A’s Postgame Live shows. Live TV can be hard. I’ve done a bit of it, and there is certainly more to that gig than meets the eye. You can’t always prepare for what happens on the fly. I’m sure Canseco will do well, however, as he’s great with coming up with the best stuff off the top of his head.

2017 Preview: Cleveland Indians

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Between now and Opening Day, HardballTalk will take a look at each of baseball’s 30 teams, asking the key questions, the not-so-key questions, and generally breaking down their chances for the 2017 season. Next up: The Cleveland Indians.

The Cleveland Indians almost won the World Series without their best hitter for the whole season and two of their starting pitchers for the playoffs. This year that hitter — Michael Brantley — is back and the starters — Carlos Carrasco and Danny Salazar — are healthy. Oh, and they added arguably the best free agent bat available in Edwin Encarnacion.

Baseball teams love to downplay their expectations, but given where the Indians are at the moment, anything less than another American League Pennant will have to feel like a disappointment, right? Fortunately for the Indians, they stand as the favorites to do just that.

They didn’t lose much in the offseason. Yes, World Series hero Rajai Davis is gone, but the Indians outfield will be fine if Brantley remains healthy. Mike Napoli‘s loss will be felt but it will be made up for with Encarnacion’s bat and probably then some. Coco Crisp left too, but he was not a key part of the equation.

The biggest losses are guys from last year who will start the year on the disabled list, most notably Jason Kipnis and Lonnie Chisenhall. Kipnis is just starting to work out following time off to rest his sore shoulder. Chisenhall ran into a wall the other day and is being evaluated. There is no sense that either will miss extended time, however.

Otherwise, the lineup should score a lot of runs, with on-base machines Jose Ramirez and Francisco Lindor setting the table for Encarnacion, Brantley and Carlos Santana, who is entering his walk year. The Indians trailed only the Red Sox in runs scored in the American League last year and they should score a lot of runs this year as well.

The strength of the club, however, remains its pitching. Corey Kluber looked like his old Cy Young self last year, particularly in the playoffs. Danny Salazar built on his excellent 2015 season in the first half before falling prey to injury. Carlos Carrasco posted an ERA+ of 141 before breaking his hand and Josh Tomlin and Trevor Bauer both stood out for fourth and fifth starters.

The bullpen is excellent too, as relief ace Andrew Miller is joined by Cody Allen, Bryan Shaw and newcomer Boone Logan make up one of the relief corps in baseball.

Pitcher health is probably the biggest uncertainty for any contender, but the Indians have the best pitching in the AL if everyone stays healthy. And maybe even if one or two guys don’t.

It’s hard to find much fault with the 2017 Cleveland Indians. They are the class of their division and, while the slog of the regular season turns a lot of surefire contenders into hash before it’s all said and done, there is no reason to look at the Indians right now and think of them as anything other than the best team in the American League.

Prediction: First place, American League Central.