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.

Rougned Odor didn’t technically steal home, but he basically did

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Just saw this from last night’s Tigers-Rangers game. It was pretty wild.

Rougned Odor walked in the seventh inning. He broke for second on a steal and was safe due to the throw going wild, allowing him to reach third base. The Tigers called on reliever Daniel Stumpf and he was effective in retiring the next two batters, leaving Odor on third with two out.

Stumpf, a lefty, was paying no attention whatsoever to Odor, so Odor just took off for home, attempting a straight steal. Stumpf was so surprised that he tried to throw home to nail Odor, and in so doing, he balked. That technically means that Odor scored on the balk, but I think it’s safe to say he would’ve scored on the strait steal regardless. Watch:

 

He definitely gets points for style.

 

Aroldis Chapman is pitching himself out of a job

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Yankees closer Aroldis Chapman looked shaky again last night, coming in to the game with a three-run lead before allowing a two-run homer to the Mets’ Amed Rosario. He would nail down the save eventually, giving Sonny Gray his first win as a Yankee, but Chapman’s struggles were the talk of the game afterward.

It was the third appearance in a row in which Chapman has given up at least one run, allowing five runs on three hits — two of them homers — and walking four in his last three and a third innings pitched. He’s also hit a batter. That’s just the most acute portion of a long slide, however. He posted a 0.79 ERA in his first 12 appearances this year, before getting shelled twice and then going on the disabled list with shoulder inflammation, missing over a month. Since returning he’s allowed 12 runs — ten earned — in 23 appearances, breaking out to a 4.09 ERA. He’s also walked ten batters in that time. At present, his strikeout rate is the worst he’s featured since 2010. His walk rate is up and he’s allowing more hits per nine innings than he ever has.

It’s possible that he’s still suffering from shoulder problems. Whether or not that’s an issue, he looks to have a new health concern as he appeared to tweak his hamstring on the game’s final play last night when he ran over to cover first base. Chapman told reporters after the game that “it’s nothing to worry about,” and Joe Girardi said that Chapman would not undergo an MRI or anything, but he was clearly grimacing as he came off the mound and it’s something worth watching.

Also worth watching: Dellin Betances and David Robertson, Chapman’s setup men who have each shined as Yankees closers in the past and who may very soon find themselves closing once again if Chapman can’t figure it out. And Chapman seems to know it. He was asked if he still deserves to be the closer after the game. His answer:

“My job is to be ready to pitch everyday. As far as where I pitch, that’s not up to me. If at some point they need to remove me from the closer’s position, I’m always going to be ready to pitch.”

That’s a team-first answer, and for that Chapman should be lauded. But it’s also one that suggests Chapman himself knows he’s going to be out of a closer’s job soon if he doesn’t turn things around.