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.

Korean slugger Byung-ho Park is reportedly traveling to Minnesota

Byung-ho Park
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Could the Twins and Korean slugger Byung-ho Park be close to finalizing a contract?

According to Naver Sports (via a translated report from Mike Berardino of the St. Paul Pioneer Press), Park is scheduled to travel to the United States on Sunday. The 29-year-old is expected to make a quick stop in Chicago to meet with his agent, Alan Nero, before coming to Minnesota to see Twins officials and take a physical exam. If all goes well, a contract could be finalized as soon as next week.

The Twins bid $12.85 million last month to secure exclusive negotiating rights with Park. The deadline to complete a deal is December 8. If a deal is not worked out, Park would remain with the Nexen Heroes in the KBO (Korea Baseball Organization) and the Twins would not have to pay the posting fee.

Right now, it’s unclear how far along the two sides are in negotiations. However, Berardino hears that a guarantee in the range of $20-30 million is reasonable to expect.

Park, a two-time MVP in the KBO, has amassed 105 home runs in 268 games over the past two seasons. It’s hard to tell how those numbers will translate, even after the success of Jung Ho Kang this season, but the Twins are hoping he can be a middle-of-the-order force.

Miami Police Department considers Yasiel Puig case closed

Los Angeles Dodgers' Yasiel Puig waits to bat during batting practice prior to a baseball game against the Oakland Athletics, Wednesday, July 29, 2015, in Los Angeles. (AP Photo/Mark J. Terrill)
AP Photo/Mark J. Terrill

We have more details about Yasiel Puig‘s reported “brawl” at a bar in Miami. And while it’s a regrettable situation, it appears to be less serious than previously believed.

According to Dylan Hernandez of the Los Angeles Times, Major Delrish Moss of the Miami Police Department confirmed that Puig was involved in a fight with a bouncer. However, Moss described it more as a “scuffle” than a “brawl.” The Dodgers outfielder suffered injuries to his face, including a swollen left eye, while the bouncer was left with a “busted lip” among other minor facial injuries.

While the bouncer alleged that he was sucker-punched by Puig, Moss said that neither were interested in pressing charges. As a result, the Miami Police Department considers the case closed.

TMZ reported that the fight with the bouncer took place after Puig got into a physical altercation with his sister. However, Moss said that “no shoving was alleged” and that “to the best of our knowledge, the only physical altercation was between the bouncer and Puig.”

Major League Baseball is still expected to investigate the incident under their new domestic violence policy.

Erik Johnson likely to open 2016 in the White Sox rotation

DENVER, CO - APRIL 09:  Starting pitcher Erik Johnson #45 of the Chicago White Sox delivers against the Colorado Rockies during Interleague play at Coors Field on April 9, 2014 in Denver, Colorado. The Rockies defeated the White Sox 10-4.  (Photo by Doug Pensinger/Getty Images)
Doug Pensinger/Getty Images
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With the White Sox losing Jeff Samardzija to free agency, Erik Johnson will likely get a shot to contribute out of the rotation to open up the 2016 season, GM Rick Hahn said in a conference call on Wednesday, per a report from’s Scott Merkin.

“As we sit here today, I think it will be an opportunity for Erik Johnson to convert on sort of the return to form he showed back in 2015 when he was International League pitcher of the year for [Triple-A] Charlotte,” Hahn said. “Obviously, he got some starts in September and continued to show the progress in Chicago he had shown in the Minor Leagues over the course of the last season.

“So if Opening Day were today, then I think Johnson is penciled in to that spot in the rotation right now. In all probability, once we get closer to spring, there will be some competition for him to earn that spot. But if we were strictly looking at today, then I would think Johnson has the inside track on filling Samardzija’s innings.”

Johnson was called up from Triple-A Charlotte in September and made six starts, allowing 14 runs (13 earned) on 32 hits and 17 walks with 30 strikeouts in 35 innings. That followed up an impressive five months in the minors where he compiled a 2.37 ERA and a 136/41 K/BB ratio across 132 2/3 innings.

Baseball America, Baseball Prospectus, and each included Johnson on their top-100 prospect lists, ranking him 63rd, 67th, and 70th, respectively. The right-hander was selected by the White Sox in the second round of the 2011 draft.

Major League Baseball will investigate Yasiel Puig for his role in Miami nightclub brawl

Yasiel Puig
AP Photo/Lenny Ignelzi

It was reported on Friday afternoon that Dodgers outfielder Yasiel Puig was involved in a brawl at a Miami nightclub. Details were scant at the time, but he reportedly left with a bruise on his face.

Dylan Hernandez of the Los Angeles Times reports that Major League Baseball plans to investigate Puig under the league’s new domestic violence policy for his role in the brawl. Citing a report from TMZ, Hernandez notes that Puig shoved his sister, “brutally sucker-punched” the manager of the bar, and instigated the brawl.

The Dodgers and Puig’s agent have thus far refused to comment on the situation.

Rockies shortstop Jose Reyes was the first player to be investigated under the league’s new domestic violence policy earlier this month, as he allegedly assaulted his wife. Reyes has pleaded not guilty after he was charged with domestic abuse in Hawaii.

As our own Craig Calcaterra pointed out, commissioner Rob Manfred does not need to wait for Puig to plead guilty or to be found guilty to levy a punishment.