NABET, NABET 2017 Conference

Font Size: 
Expanding the "limited duty rule" in baseball
David Gargone, Joshua Winneker

Last modified: 2017-10-18

Abstract


Baseballs flying into the stands and hitting fans is a common occurrence during a baseball game. Unfortunately, some of the fans suffer serious injuries from the foul balls and subsequently file lawsuits against the stadium owners. In the majority of jurisdictions that have ruled on these types of cases, the courts follow what is known as the "limited duty rule" or the "baseball rule". Under this rule, the stadium owner is protected from civil liability for the fans' injuries if the owner provides sufficient protected seating for those fans who desire it and that the high risk areas behind home plate are screened in. With the recent rash of devastating injuries to fans sitting along the first and third baselines, including a toddler being hit in the face at a New York Yankee game, it is time that the limited duty rule be extended to require stadium owners to provide protective netting in these parts of the stadium as well. If the stadium owner fails to do so, they should lose their limited duty protection and have to face civil liability from the injured fans.​

Keywords


law, baseball, limited duty rule, sport facility