Unanimous
Judicial notice taken of risk of foul ball injury at baseball games being common knowledge, even where plaintiff claims little interest in the sport. Trial court reversed.
Houston Sports Association
Whether baseball team had adequate protected seats available, and whether spectator injured by foul ball was adequately warned by team given distractions at game is a triable issue of fact for jury even if dangers of such injury are open and obvious
Grisim v.
Olszewski
Harting v.
Ross
Jones v.
Foul Balls in Japan: Real Sports Bonus Clip from HBO, showing foul ball protection in Japan's Tokyo Dome
Baseball team had duty to spectators to provide some seats screened from foul balls at games but not to screen all seats; spectator who chose to sit in unprotected seats when protected ones were available was contributorily negligent to his own injury by a foul ball and could not recover.
Rountree v. Boise Baseball Club
Massa
right
Coronel v. Chicago White Sox
O'Connor
Johnson
Schentzel v.
Coomer v. Kansas City Royals
Illinois Appellate Court
Zazzali
Fuschberg, Meyer
Dunn
Tapemark Charity Pro-Am Golf Tournament
Grimes v.
Dayton Dragons Professional Baseball Club
Yates v.
Jasper v.
Bennick
Construction of temporary benches at baseball park from which foul ball bounced and injured spectator increased risk of injury; park was thus in breach of its duty of reasonable care.
Maisonave v. Newark Bears
Jasen
Maytnier v. Rush
Rule that baseball teams must provide some protected seating areas to be immune from liability over foul ball injuries to spectators is adequate under comparative negligence
Limited-duty rule for baseball teams bars recovery for injury from ball thrown into stands as souvenir by player, since it was a routine aspect of game even if not necessary for play
Loughran v. The Phillies
Gabrielli, Jones, Wachtler
Akins v.
Crane v.
Baseball team owes spectators reasonable care in protecting them from foul balls; standard is met by screening seats behind home plate and making enough available to accommodate reasonable demand for protected seats
Brisson v.
Jackson County Circuit Court
Philadelphia National League Club
Limited-duty rule for baseball teams bars recovery by plaintiff injured by foul ball while sitting at table in unprotected stadium dining area with view of game.
California Courts of Appeal, Fourth District, Division 2
Rudnick v. Golden West Broadcasters
California Court of Appeals, 4th District, Division 3
Missouri Court of Appeals, Kansas City Division
McDaniel, Richli , Ward
Huspeni
v. Mandalay Sports Entertainment LLC
Comparative negligence does not create a duty for baseball teams to warn spectators of possibility of injuries from foul balls
Injury from errantly thrown baseball is sufficiently different from one caused by foul ball as for sufficiency of protection against risk to be a triable question of fact; usual immunity from liability for baseball teams does not apply.
Friedman v.
Dunn, Sam Bass and Cohen
Illinois Appellate Court, 1st Dist., 1st Div.
Trial court upheld.
American League Baseball Club
Gibbons, Cherry, Douglas
Baseball team mascot's physical contact with spectator injured by foul ball increased inherent risk of such injury; summary judgement for team was thus improperly granted
While baseball rule limiting teams' liability in foul ball injuries to spectators remains intact under comparative negligence, whether defendant provided adequate protected seating to meet rule's conditions is a triable issue of fact
Chicago National League Ball Club
Distraction by mascot's antics at baseball game was inherent risk of game that barred recovery by plaintiff for injuries from foul ball
Cahill
Lowe v.
torts
Wallace
Edward v. City of Albuquerque
Baseball Facility Liability Act limiting teams' liability for injuries to spectators from foul balls was constitutional since it recognizes unique nature of hazards of viewing baseball
Limited-duty rule on baseball teams' liability for spectators' foul ball injuries applies only when spectators are injured in seating areas
Kansas City Baseball & Exhibition Co.
Mascot antics are not intrinsic part of baseball as game; limited-duty "baseball rule" therefore does not bar claim by spectator injured by errantly tossed hot dog
Paraguirre
Pa. Court of Common Pleas for Philadelphia County
Bryant, Burke, Lyons,
Cahill, Cerda, McBride
J. Jones
Three Rivers Management Corporation
Roberts
Rhodes, Hirt, Reno, Dithrich, Ross, Arnold and Gunther
Rule limiting liability of baseball teams for foul ball injuries applies only when spectators are injured while in seating areas; plaintiff injured while walking on stadium concourse was not incurring ordinary risks of watching game
O'Connor, Campbell and Manning
Cooke, Gabrielli, Jones, Wachtler, Jasen, Fuschberg, Meyer
Limited-duty rule for baseball teams regarding injuries to spectators from foul balls adequately balances their interests
Edling
Scariano, Hartman, DiVito
Donovan, Fain, Grady
Cohen
No valid public policy reason exists for adopting limited-duty "baseball rule" in cases of spectators injured by foul balls
Philadelphia County Court of Common Pleas
Bennick, Hostetler, Becker, McCullen
St. Louis Circuit Court
Glens Falls City School District
Donovan
J. Johnson
Rivera-Soto, LaVecchia
Baseball Rule
Cook County Circuit Court
Scariano
Appellate Court of Illinois, 1st Dist., 3rd Div.
Minneapolis Baseball & Athletic Association
Chicago National League Baseball Club
Cooke
California League of Professional Baseball
Turner
v. Kansas City Baseball & Exhibition Co.
Eagen, O'Brien, Roberts, Nix, Manderino, Larsen
Waiver language printed on rear of baseball ticket is insufficient for contractual assumption of risk defense against negligence claim over spectator's foul ball injury
Parker, Huspeni, Randall
South Shore Baseball LLC v. DeJesus
Bender
Musmanno, Bender, Olszewski
Triable issue of fact existed as to whether defendant golf course had provided adequately safe seating in case brought by plaintiff injured by errant ball who sat elsewhere when seating provided was too crowded.
Burdick, Eismann, J. Jones, W. Jones and Horton
U.S. tort law rule limiting sports teams liability for injuries from balls that strike spectators
Lyons
Baseball team was negligent in not properly maintaining screen that kept foul balls from entering section of stands; spectator injured when foul passed through a hole in the screen was not contributorily negligent for not being able to avoid ball's path.
Adoption of rule limiting duty of baseball teams to spectators injured by foul balls is properly left to the legislature
McDaniel