Archive for the ‘Links’ 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.

Formal Hazards – Liability Releases for Prom Parties? (NY Times)

June 15, 2015

The New York Times recently published an article about parents requiring liability release and indemnity documents in connection with after-prom parties.  It’s certainly not an unexpected development in today’s litigious society.  How would you react if your son or daughter came home with something like this?

Prom Accessories: Corsages, Limousines and Liability Waivers 

Little League Lawsuit Settlement

August 23, 2012

$14.5 Million Settlement for Injured Minor (New Jersey)
(A 12 year old pitcher playing in a youth baseball game was struck in the chest by a ball projected from a metal bat; his family’s lawsuit against the bat manufacturer, Little League Baseball, and the Sports Authority sporting goods chain was settled.)

As reported here on ESPN.com, the terms of the settlement agreement preclude the parties from discussing its details, including whether any of the defendants admitted liability.  It appears that the issue revolved around whether the metal bat used at the time of the incident was appropriate and safe.  Little League Baseball certifies certain bats for approved use in games involving children.  The injured boy encountered cardiac arrest that led to permanent brain damage, and the settlement will help provide long term care for him for the rest of his life.