Donovan
Cook County Circuit Court
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
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.
Lowe v.
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.
Schentzel v.
Musmanno, Bender, Olszewski
Paraguirre
Dunn
Maisonave v. Newark Bears
Parker, Huspeni, Randall
Yates v.
Eagen, O'Brien, Roberts, Nix, Manderino, Larsen
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.
Trial court upheld.
Grisim v.
McDaniel, Richli , Ward
Houston Sports Association
Crane v.
Burdick, Eismann, J. Jones, W. Jones and Horton
Minneapolis Baseball & Athletic Association
Baseball Rule
Loughran v. The Phillies
Gabrielli, Jones, Wachtler
Glens Falls City School District
Edling
Cohen
Rivera-Soto, LaVecchia
Rountree v. Boise Baseball Club
Bryant, Burke, Lyons,
Johnson
torts
Olszewski
Jackson County Circuit Court
Edward v. City of Albuquerque
Grimes v.
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.
Jasen
Chicago National League Ball Club
Coomer v. Kansas City Royals
Rudnick v. Golden West Broadcasters
McDaniel
Kansas City Baseball & Exhibition Co.
Huspeni
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
Coronel v. Chicago White Sox
Bender
American League Baseball Club
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
Turner
Philadelphia County Court of Common Pleas
Missouri Court of Appeals, Kansas City Division
Illinois Appellate Court, 1st Dist., 1st Div.
Distraction by mascot's antics at baseball game was inherent risk of game that barred recovery by plaintiff for injuries from foul ball
Jasper v.
Zazzali
Limited-duty rule on baseball teams' liability for spectators' foul ball injuries applies only when spectators are injured in seating areas
Three Rivers Management Corporation
Cahill
Cooke, Gabrielli, Jones, Wachtler, Jasen, Fuschberg, Meyer
Illinois Appellate Court
Ross
Tapemark Charity Pro-Am Golf Tournament
Cahill, Cerda, McBride
Rhodes, Hirt, Reno, Dithrich, Ross, Arnold and Gunther
Bennick
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
v. Kansas City Baseball & Exhibition Co.
Donovan, Fain, Grady
Jones v.
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
Cooke
Limited-duty rule for baseball teams regarding injuries to spectators from foul balls adequately balances their interests
Appellate Court of Illinois, 1st Dist., 3rd Div.
Lyons
Scariano, Hartman, DiVito
Maytnier v. Rush
J. Jones
Wallace
J. Johnson
Chicago National League Baseball Club
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
U.S. tort law rule limiting sports teams liability for injuries from balls that strike spectators
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.
St. Louis Circuit Court
Massa
Scariano
California Courts of Appeal, Fourth District, Division 2
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
Dunn, Sam Bass and Cohen
Gibbons, Cherry, Douglas
Philadelphia National League Club
Foul Balls in Japan: Real Sports Bonus Clip from HBO, showing foul ball protection in Japan's Tokyo Dome
South Shore Baseball LLC v. DeJesus
Roberts
Unanimous
California Court of Appeals, 4th District, Division 3
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.
Pa. Court of Common Pleas for Philadelphia County
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
O'Connor, Campbell and Manning
right
Harting v.
O'Connor
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
Adoption of rule limiting duty of baseball teams to spectators injured by foul balls is properly left to the legislature
Dayton Dragons Professional Baseball Club
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
Akins v.
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.
Brisson v.
Fuschberg, Meyer
Bennick, Hostetler, Becker, McCullen
No valid public policy reason exists for adopting limited-duty "baseball rule" in cases of spectators injured by foul balls
California League of Professional Baseball
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