It is not uncommon during a game to see a fan struck when a foul ball or broken bat goes flying into the stands. However, in most circumstances, courts routinely deny recovery to spectators struck by batted balls and other flying objects, such as broken bats, hockey pucks, footballs, or debris.
Most courts have adopted what is commonly known as “the Baseball Rule,” which asserts that foul balls are a common part of the game that can reasonably be expected and anticipated. As a result, fans struck by flying objects have assumed the riskÂť of their injuries and will usually not be able to pursue an action.
Spectators’ Assumption of Risk at Sporting Events
Athletes participating in sports are subject to the assumption of risk doctrine. In other words, in they consent to the potential risks that are inherent within the activity or sport they are engaging in.
In most cases, a similar assumption of risk doctrine applies to sport spectators as well.
The “Baseball Rule” essentially acknowledges the assumption that fans could be susceptible to certain injuries, risks and dangers while participating spectating at a sporting event.
Most venues go so far as to specifically alert fans of these risks. The “fine print”Âť on the back of your ticket will usually include a waiver of liabilityÂť and state that by entering the venue, the ticket-holder voluntarily assumes all risks and acknowledges the danger associated with the game, and that injury may result from thrown or batted balls and bats leaving the field of play and entering the seating areas.
Are Sporting Event Venues Obligated to Protect Spectators From Dangers?
A venue’s only duty is to provide protection in the most dangerous parts of the park, such as by providing screening for the area immediately behind home plate, netting before an end zone, or glass around the edge of a hockey rink.
If sufficient protection is not provided in those areas, you may have grounds to pursue an action.
Otherwise, in cases where fans at sporting events are struck by flying objects, most courts deny recovery upon the grounds that the venue has only a very limited duty, and that spectators assume the risk of such injuries.
Avoiding Injuries at Sporting Events
The best way to avoid personal injury from a flying object is to follow the first advice you received in Little League: always keep your eye on the ball! And although the chance to catch a batted or foul ball can be fun, remember it can also be dangerous.
When attending a sporting event, be sure to remain aware of your surroundings, watch out for objects outside the field of play, and never interfere with a ball in play – something that poor Steve Bartman wished he had remembered.
Get The Help You Need If You’ve Been Injured as a Spectator at a Sporting Event
Despite your best efforts to avoid injury, there are situations in which you could find yourself seriously injured while watching a game or sporting event. If you or someone you love has been injured at a sporting event and feel legal action is necessary and appropriate, seek legal counsel as soon as possible to ensure that your rights are protected.
Injured in Albany, Johnstown, Saugerties, Amsterdam, Catskill, Gloversville, Hudson or anywhere throughout the Capital District regions of Upstate NY? Contact the experienced sports injury team at Maynard, O’Connor, Smith & Catalinotto!Â
Our attorneys have decades of experience handing personal injury cases of all kinds. We can help you determine whether or not your unique situation warrants commencing legal action and, if it does, we can guide you every step of the way.
Give us a call at (800) 721-3553 or contact us online to get the conversation started. We will provide you with a FREE case review and inform you of the next steps you need to take to obtain the compensation you deserve.
Editor’s Note: This content was originally published in 2013 but has been updated as of March 2018.
