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.

What’s on tap: previewing tonight’s action

MINNEAPOLIS, MN - JULY 13:  Julio Urias of the World Team during the SiriusXM All-Star Futures Game at Target Field on July 13, 2014 in Minneapolis, Minnesota.  (Photo by Hannah Foslien/Getty Images)
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The big game is in New York, where Julio Urias makes his major league debut against Jacob deGrom and the New York Mets. Urias, 19, has 27 consecutive scoreless innings under his belt. All at Triple-A, of course. The debuts of young pitchers tend not to go too well, but at the very least you’ll see a guy with electric stuff and you’ll be able to say you saw him back when he was just a lad.

Another nice matchup pits Jaime Garcia against Max Scherzer. Garcia has struggled of late but is always capable of a big game. Scherzer has had some of the biggest games of the past couple of years. Masahiro Tanaka vs. Chris Archer is another matchup with star power, even if Archer hasn’t lived up to his billing of late. Tanaka has only pitched on game in Tropicana Field but it was a great game, tossing seven shutout innings while striking out eight. He may be the only person alive who likes it there.

Here’s tonight’s slate. And, well, this afternoon’s game in Chicago too:

Philadelphia Phillies (Adam Morgan) @ Chicago Cubs (Jon Lester), 2:20 PM EDT, Wrigley Field

St. Louis Cardinals (Jaime Garcia) @ Washington Nationals (Max Scherzer), 7:05 PM EDT, Nationals Park

Boston Red Sox (Joe Kelly) @ Toronto Blue Jays (Aaron Sanchez), 7:07 PM EDT, Rogers Centre

Baltimore Orioles (Mike Wright) @ Cleveland Indians (Trevor Bauer), 7:10 PM EDT, Progressive Field

Los Angeles Dodgers (Julio Urias) @ New York Mets (Jacob deGrom), 7:10 PM EDT, Citi Field

New York Yankees (Masahiro Tanaka) @ Tampa Bay Rays (Chris Archer), 7:10 PM EDT, Tropicana Field

Miami Marlins (Adam Conley) @ Atlanta Braves (Williams Perez), 7:35 PM EDT, Turner Field

Pittsburgh Pirates (Jonathon Niese) @ Texas Rangers (Cole Hamels), 8:05 PM EDT, Globe Life Park in Arlington

Cincinnati Reds (John Lamb) @ Milwaukee Brewers (Zach Davies), 8:10 PM EDT, Miller Park

Chicago White Sox (Miguel Gonzalez) @ Kansas City Royals (Danny Duffy), 8:15 PM EDT, Kauffman Stadium

San Francisco Giants (Matt Cain) @ Colorado Rockies (Tyler Chatwood), 8:40 PM EDT, Coors Field

San Diego Padres (Christian Friedrich) @ Arizona Diamondbacks (Robbie Ray), 9:40 PM EDT, Chase Field

Detroit Tigers (Michael Fulmer) @ Oakland Athletics (Sean Manaea), 10:05 PM EDT, Oakland Coliseum

Houston Astros (Mike Fiers) @ Los Angeles Angels (Matt Shoemaker), 10:05 PM EDT, Angel Stadium of Anaheim

The best active players by year of birth

Ichiro Suzuki
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There remains one player in major league baseball who is older than me. One. Bartolo Colon. And he’s only older than me by a couple of months. There is another guy born the same year as me still playing: Ichiro. I’m older than him by a couple of months, but 1973 is still representing. Just barely. It won’t be long now until every single ballplayer is my junior.

Everyone thinks about that from time to time. Our baseball mortality or whatever dramatic thing we want to call it. We all know by now that we’re never gonna make it to the bigs. Most of us knew it when we were still kids. But there is some sort of . . . feeling we all get when we look at a ballplayer who is our age. There’s no element of “I could do that” to it. But maybe a touch of “if things were different, I could’ve been you.” This is much easier for those of us who don’t know how genetics work, of course.

Today Will Leitch of Sports on Earth has a handy post for those of us who think about this stuff. It’s a list of the best baseball players born in each and every year from 1973, when the dinosaurs roamed, until 1996, which will officially be operative this evening as Julio Urias takes the mound for the Los Angeles Dodgers.

I hope the list doesn’t depress any of you. If it does, I’ll try to come up with a similar one for cardiologists or research professors or something. A lot of us are still younger than those folks. Even if we have just as much a chance of being them as we have of being the left fielder for the Chicago White Sox or whatever.

Yasiel Puig visits the Statue of Liberty, meets a Yasiel Puig fan

Los Angeles Dodgers' Yasiel Puig reacts in dugout after hitting a RBI sacrifice fly against the San Francisco Giants during fifth inning of a spring baseball game in Scottsdale, Ariz., Sunday, March 6, 2016. (AP Photo/Chris Carlson)
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Yasiel Puig is in New York to face the Mets this weekend. Yesterday was a day off so he got to explore New York. You can tell he’s not a New Yorker because he actually went to visit the Statue of Liberty.

I likewise assume that Puig made it to where the boat leaves for Liberty Island with plenty of time to spare, because God knows he’s had a week in which him hustling to make it just in time wasn’t gonna happen.

In other news, Puig made a friend on the boat:

Wade Boggs did not wear his Yankees ring to his number retiring ceremony last night

BOSTON, MA - MAY 26:  Wade Boggs acknowledges the crowd during the retirement of his jersey #26 prior to the game between the Boston Red Sox and the Colorado Rockies at Fenway Park on May 26, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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The other day we had the non-controversy of Wade Boggs wearing his 1996 World Series ring, which he won with the Yankees, to a ceremony honoring the 1986 Red Sox. Last night, however, Boggs was feted as an individual, with his number 26 being retired at Fenway Park.

It was an emotional night for him. He was visibly choked up and said all sorts of things which clearly showed how much more, at heart, he is a Boston Red Sox legend than he is a legend of either of the other teams for which he played. And he made a comment about the Yankees ring thing too:

He wore his Hall of Fame ring on Thursday.

“I’m proud of it,” Boggs said of the ’96 Yankees’ ring. “But I didn’t feel like it was appropriate today being that it’s my day, it’s my number and everything like that. So I left it off.”

The dude hit .328 for his career and had 3,010 hits despite not even playing a full season until he was 25. He could wear a Little Orphan Annie decoder ring out there and no one would have the right to say boo to him.