Nguyen: Fans are Tired of the “Baseball Rule” and Demand Safety
Wednesday, July 15, 2015
Most people understand that when you go to a ball game you have to pay attention because depending on where you sit, there is a chance that you may be hit with a ball or a bat. This understanding stems from our general acceptance of the “Baseball Rule,” which essentially gives immunity to stadium operators and ball clubs from liability from most game-related fan injuries. It is the theory that fans go to games knowing the inherent risk of getting hurt, and that the inherent risk is part of the thrill of the game.
On the back of every Red Sox ticket stub, you can find the following: “The holder of this ticket voluntarily assumes all risks and danger of property loss and personal injury incidental to the game of baseball and related activities at Fenway Park, including specifically [but not exclusively] those relating to the structure and conditions of Fenway Park, and the danger of being injured by thrown or flying objects including bats and balls.”
“Assuming the risk” is just another way of saying that Fenway Park, the Red Sox and/or the MLB are not responsible for paying for your injuries.
But how much risk are fans expected to assume? If a foul ball is flying into the crowd at a speed of 100 miles-per-hour, it’s difficult to say if the average person can react to keep themselves out of harm’s way. The “Baseball Rule” has been around since the time when baseball was just different – stadium seating was roomier and fans sat further away and were not distracted by the jumbotron, loud music or their cell phones. And players simply were not as strong as they are today, so the threat of 100 mile-an-hour balls flying into the crowd was less of a concern.
While the decision to add more protection for the fans seems like an easy one, the hesitation comes from the fact that many fans still believe in the “Baseball Rule.” They do not want their view of the game obstructed and argue that the part of the baseball experience is to be in the thick of things and that the possible glory that comes with catching a foul ball is something that cannot be sacrificed.
However, not all fans agree. Gail Payne, an Oakland A’s fan and season ticket holder since 1968,
does not agree and will not wait for change on the commissioner’s timetable. Payne filed a class-action lawsuit in federal court in the Northern District of California on Monday, basically asking the court to order the MLB to extend the safety netting the entire length of the foul lines at all of its ballparks. It’s important to note that Payne does not ask for any money, only for action on the part of the League.
The commissioner’s office released a statement in response to the lawsuit, reiterating that fan safety is of the utmost importance and that it was discussing safety issues with the clubs.
AiVi Nguyen is a trial lawyer with the Law Firm of Bowditch & Dewey, LLP in Worcester.
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