Archive for the ‘Limited Duty Rule’ Category

Crying Foul – Federal Litigation in California Seeks to Change Baseball’s “Limited Duty Rule” (CA)

July 15, 2015

Crying Foul – Federal Litigation in California Seeks to Change Baseball’s “Limited Duty Rule” (ESPN.com Article)

The sport of baseball has long felt the benefit of the “limited duty rule.”  The rule protects baseball teams and stadium operators from liability to spectators for injuries caused by balls and bats that fly into the seats.  The rule generally requires the team or stadium operator to provide a sufficient number of protected seats for those spectators who want them, and to provide protection for all spectators located in the most dangerous parts of the stadium, notably the areas that pose the highest risk of injury from fouls balls, such as the seating directly behind home plate.

There have been numerous challenges to the rule over the years, and now we have a new one in California.  As described in the ESPN.com article here, an Oakland Athletics season-ticket holder has filed a federal court action seeking class-action status on behalf of all fans buying season tickets in unprotected areas of the ballpark.  The goal appears to be the installation of safety netting from foul pole to foul pole.

Unwanted Souvenir – Woman Struck by Foul Ball During MLB Batting Practice; Claim Barred (WA)

July 7, 2015

Reed-Jennings v. Baseball Club of Seattle, L.P. (Washington)
(unreported decision)

The plaintiff was seriously injured while attending a Seattle Mariners Major League Baseball game.  She was struck by a foul ball hit into the stands during batting practice.  Plaintiff filed a negligence based lawsuit against the team, but the trial court granted the defendant’s motion for summary judgment, finding that the team did not breach its limited duty of care to the plaintiff and that the plaintiff’s claims were barred by the assumption of risk doctrine.  Plaintiff appealed.
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