( Log Out /  Interestingly, a recent lawsuit against McNeese State University in Lake Charles, LA, addresses the very issue that you raise. | Last updated March 29, 2017, Accidents are an unfortunate part of life. The MLB Players’ Association has voiced their support for increased fan safety. Are you a legal professional? Assumption of risk refers to situations in which an individual acknowledges the risks associated with any activity, but chooses to take part regardless. Accordingly, the Baseball Rule avoids a flood of litigation by increasing the likelihood that a spectator lawsuit will be dismissed prior to trial on a motion for summary judgment.

When a fan decides to attend a baseball game, he or she is accepting the possibility of getting hit with a ball or bat. In this case, the stadium assumed liability when it located a food cart so close to the playing field where fans were more likely to be injured. In. Among other things, the suit alleges violation of state and federal free speech and discrimination laws. by James C. Kozlowski, J.D., Ph.D. As described herein, the “Baseball Rule” has been adopted by courts in a majority of jurisdictions that have considered the legal duty of landowners owed to spectators at baseball games.

The following precautions are recommended: Other interesting reported cases, not involving the baseball rule: This website contains general information that should not be considered legal advice or legal opinion concerning individual situations. Miami,

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. However, no compelling public policy rationale exists for us to do so. FL Facsimile: 786-558-1822, 605 E. Silver Springs Blvd. At trial, a jury would apply general legal principles governing a landowner’s liability for negligence to determine whether Boise Baseball was responsible for Rountree’s injury.James C. Kozlowski, J.D., Ph.D., is an attorney and associate professor in the School of Recreation, Health and Tourism at George Mason University. Spectators must exercise ordinary care to protect themselves from the inherent risk of being hit by a projectile that leaves the field of play and the owner/occupant must exercise ordinary care not to increase that inherent risk.”  The case has been referred back to the district court “for further proceedings consistent with this Opinion.”  If the plaintiffs win this lawsuit, it will be a further limitation on the assumption of risk defense.

If you are a defendant in a personal injury case, there may be various legal defenses available to you. LEXIS 55 (Idaho 2/22/2013).Under the Baseball Rule, the appeals court further noted that courts in other jurisdictions have specifically held that “the stadium owner’s duty includes providing a net behind home plate”:[The] sports venue owner or operator that provides screened seating (1) sufficient for those spectators who may reasonably anticipated to desire protected seats on an ordinary occasion, and (2) in the most dangerous section of the stands, has satisfied its duty of care to those spectators…[The] baseball rule prevents liability if there are a sufficient number of protected seats behind home plate to meet the ordinary demand for that kind of seating.

As noted below, the legislatures in several jurisdictions have enacted a statute that has effectively adopted a version of the Baseball Rule, particularly when courts have refused to do so.While many of the court opinions applying the Baseball Rule have involved professional baseball facilities, the principles and reasoning of the Baseball Rule have been applied to all levels of competition.

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