SPORTS MEDICINE : CONCUSSIONS : INJURIES : SPORTS SPECTATORS : SPORTS: BASEBALL: PROFESSIONAL : COUNTRIES: UNITED STATES, CANADA: Baseball Teams Need to Protect Fans from Foul Balls - and US Courts Need to Lift MLB's Special Liability Exemption

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SPORTS MEDICINE : CONCUSSIONS : INJURIES : SPORTS SPECTATORS : SPORTS: BASEBALL: PROFESSIONAL : COUNTRIES: UNITED STATES, CANADA: Baseball Teams Need to Protect Fans from Foul Balls - and US Courts Need to Lift MLB's Special Liability Exemption

David P. Dillard
Administrator



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SPORTS MEDICINE :

CONCUSSIONS :

INJURIES :

SPORTS SPECTATORS :

SPORTS: BASEBALL: PROFESSIONAL :

COUNTRIES: UNITED STATES, CANADA:

Baseball Teams Need to Protect Fans from Foul Balls -
and US Courts Need to Lift MLB's Special Liability Exemption


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Baseball Teams Need to Protect Fans from Foul Balls -
and US Courts Need to Lift MLB's Special Liability Exemption

The Conversation

https://tinyurl.com/yaxwg7nb

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Tens of thousands of fans are gathering at Major League Baseball ballparks
around the country for hot dogs, home runs, their favorite players
autographs and the fresh grass on the field.

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Few fans will consider the possibility that they could be blinded or
suffer a serious head injury by a ball or bat leaving the field of play.
In reality, such injuries occur much more frequently than many may
realize, with a 2014 analysis finding that more than 1,750 fans are hurt
each year by batted balls at MLB games.

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Who should be held responsible legally when injuries like this occur?

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In a new paper, University of Georgia business student Zachary Flagel and
I argue that its time for courts to abolish an outdated rule that has
historically immunized baseball teams from liability.
The Baseball Rule

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Under a century-old legal doctrine commonly known as the Baseball Rule,
U.S. courts have almost uniformly held that professional baseball teams
are not liable for these kinds of injuries to fans, who are stuck with the
medical and rehab costs.

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Specifically, as long as a team takes basic precautions such as putting
nets immediately behind home plate and ensuring that there are enough
screened seats to meet anticipated demand, then under the Baseball Rule it
will not be held legally responsible for fans injuries.


ADDITIONAL TOPICS COVERED IN THIS ARTICLE:


Closer, stronger, faster

The role of tort law

The right incentives to reduce injuries

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The complete article may be read at the URL above.

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SOME ADDITIONAL SOURCES


Augustine, Leigh.
"Who is responsible when spectators are injured while attending
professional sporting events."
U. Denv. Sports & Ent. LJ 5 (2008): 39.
https://tinyurl.com/ybzpbqrd


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Myles, W. Michael, John D. Dickinson, and G. Robert LaRoche.
"Ice hockey and spectators' eye injuries."
New England Journal of Medicine 329, no. 5 (1993): 364-364.
https://tinyurl.com/ybkyj2b3


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Kastenberg, Joshua E.
"A Three Dimensional Model of Stadium Owner Liability in Spectator Injury Cases."
Marq. Sports LJ 7 (1996): 187.
https://tinyurl.com/y8o24epm


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Champion Jr, Walter T.
"At the Ol'Ball Game and Beyond: Spectators and the
Potential for Liability."
Am. J. Trial Advoc. 14 (1990): 495.
https://tinyurl.com/y8egy89b


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Spaite, Daniel W., Elizabeth A. Criss, Terence D. Valenzuela, Harvey W.
Meislin, Roger Smith, and Allie Nelson.
"A new model for providing prehospital medical care in large stadiums."
Annals of emergency medicine 17, no. 8 (1988): 825-828.
https://tinyurl.com/y9ecwh3c


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Fried, Gil, and Robin Ammon Jr.
"Baseball spectators' assumption of risk: Is it fair or foul."
Marq. Sports L. Rev. 13 (2002): 39.
https://tinyurl.com/ybueqm6m


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Perkins, Charles H.
"The Liability of the Proprietor of a Baseball Park for Injuries
to Spectators Struck by Batted or Thrown Balls."
Wash. ULQ (1951): 434.
https://tinyurl.com/y9sofe63


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Ludden, Matthew J.
"Take Me out to the Ballgame-but Bring a Helmet:
Reforming the Baseball Rule in Light of Recent Fan Injuries
at Baseball Stadiums."
Marq. Sports L. Rev. 24 (2013): 123.
https://tinyurl.com/y8qsuavu



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Celedonia, Brett.
"Flying objects: Arena liability for fan injuries
in hockey and other sports."
Sports Law. J. 15 (2008): 115.
https://tinyurl.com/yaz9o55s


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Zollmann, Carl.
"Injuries from Flying Baseballs to Spectators at Ball Games."
Marq. L. Rev. 24 (1939): 198.
https://tinyurl.com/y9swlar4


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Carbonneau, Thomas E.
"The liability for injuries to sports participants and spectators:
a consideration of the relevance of assumption of risk principles
in sports litigation."
Potomac L. Rev. 2 (1979): 65.
https://tinyurl.com/ybkm9urc



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Ishikawa, Hideki, Shingo Hori, and Naoki Aikawa.
"The incidence of sickness / trauma in spectators of professional
baseball at the Meiji Jingu Baseball Stadium."
The Keio journal of medicine 56, no. 3 (2007): 85-91.
https://tinyurl.com/ybhrtwlq


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Wakamatsu, Aaron.
"Spectator injuries: Examining owner negligence
and the assumption of risk defense."
Willamette Sports LJ 6 (2009): 1.
https://tinyurl.com/y8r92bqg


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St John, Mary C.
"Strike One, You're Out: Should Ballparks be Strictly Liable
to Baseball Fans Injured by Foul Balls."
Loy. LAL Rev. 19 (1986): 589.
https://tinyurl.com/y9j25f89



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WEBBIB1718
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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
[hidden email]


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