Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Does the 'Baseball Rule' still apply?
Author: Scarinci Hollenbeck, LLC
Date: September 25, 2015
Key Contacts
Back
What is the Baseball Rule?
For some time, baseball parks have been protected from liability in cases of fans getting hit by projectiles at baseball parks due to the so-called “Baseball Rule.” While the rule hasn’t always held up, it has, for the most part, remained safely in place. But, now people are asking, does the rule apply in the contemporary baseball park?
Most jurisdictions have adopted the Baseball Rule, which prevents baseball parks from charges of negligence when a fan is hit by part of a broken bat, a baseball or some other projectile resultant of the game being played. As long as the baseball stadium operator makes sure that the most dangerous areas of the park are covered with some sort of protective barrier – this has typically turned out to be safety netting behind home plate – than it is up to the fan to make sure he or she avoids injury, since spectators are expected to be aware of the inherent danger of attending a baseball game. This ensures that spectators’ eyes are on the game. But what about when the park itself is offering all sorts of distractions to fans?
With so many distractions, can the Baseball Rule still apply?
Is the Baseball Rule still applicable in the digital age? And if so, are parks doing enough to avoid liability when fans are injured? A recent class action lawsuit is asking that very question. Class members – baseball park season ticket-holders – intend to force Rob Manfred, the MLB commissioner, to adopt new measures league-wide to improve safety for spectators.
The suit explains that today, with the importance placed on digital entertainment even within ballparks as games are ongoing, fans cannot be expected to pay attention to the game – as the Baseball Rule requires- like they used to. While years ago spectators had nothing more to look at besides what was going on in the game, now they’re inundated with all sorts of digital attractions that may force them to take their eyes off play for a period – something that could lead to serious injury if an attendee doesn’t notice an approaching projectile.
Is safety netting correctly placed?
Another issue is the placement of safety netting in parks. If someone was to determine the most dangerous area of baseball stadiums depending on where in the park protective covering is located, he or she will likely come to the conclusion that it is behind home plate. According to the class action suit, though, this isn’t true. Some data indicates that the most dangerous areas of a baseball park are along the first and third baselines for some distance beyond the dugout. That’s a stretch of seating often unprotected and typically occupied by families who can’t afford more expensive seats behind safety netting.
The class action suit asks the commissioner to take action to protect spectators who sit between the foul lines along first- and third-base, claiming these are areas where spectators have been subject to severe and preventable injuries. With the amount of money the MLB makes annually, it goes on to say that the league and commissioner should place more netting in parks to protect fans who attend baseball games.
If you too have been hurt – or believe you are in danger of being injured – at a sporting event, contact a dedicated sports law attorney to learn more about what you can do.
- Practices: Limited Liability Companies
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Does the 'Baseball Rule' still apply?
Author: Scarinci Hollenbeck, LLC
What is the Baseball Rule?
For some time, baseball parks have been protected from liability in cases of fans getting hit by projectiles at baseball parks due to the so-called “Baseball Rule.” While the rule hasn’t always held up, it has, for the most part, remained safely in place. But, now people are asking, does the rule apply in the contemporary baseball park?
Most jurisdictions have adopted the Baseball Rule, which prevents baseball parks from charges of negligence when a fan is hit by part of a broken bat, a baseball or some other projectile resultant of the game being played. As long as the baseball stadium operator makes sure that the most dangerous areas of the park are covered with some sort of protective barrier – this has typically turned out to be safety netting behind home plate – than it is up to the fan to make sure he or she avoids injury, since spectators are expected to be aware of the inherent danger of attending a baseball game. This ensures that spectators’ eyes are on the game. But what about when the park itself is offering all sorts of distractions to fans?
With so many distractions, can the Baseball Rule still apply?
Is the Baseball Rule still applicable in the digital age? And if so, are parks doing enough to avoid liability when fans are injured? A recent class action lawsuit is asking that very question. Class members – baseball park season ticket-holders – intend to force Rob Manfred, the MLB commissioner, to adopt new measures league-wide to improve safety for spectators.
The suit explains that today, with the importance placed on digital entertainment even within ballparks as games are ongoing, fans cannot be expected to pay attention to the game – as the Baseball Rule requires- like they used to. While years ago spectators had nothing more to look at besides what was going on in the game, now they’re inundated with all sorts of digital attractions that may force them to take their eyes off play for a period – something that could lead to serious injury if an attendee doesn’t notice an approaching projectile.
Is safety netting correctly placed?
Another issue is the placement of safety netting in parks. If someone was to determine the most dangerous area of baseball stadiums depending on where in the park protective covering is located, he or she will likely come to the conclusion that it is behind home plate. According to the class action suit, though, this isn’t true. Some data indicates that the most dangerous areas of a baseball park are along the first and third baselines for some distance beyond the dugout. That’s a stretch of seating often unprotected and typically occupied by families who can’t afford more expensive seats behind safety netting.
The class action suit asks the commissioner to take action to protect spectators who sit between the foul lines along first- and third-base, claiming these are areas where spectators have been subject to severe and preventable injuries. With the amount of money the MLB makes annually, it goes on to say that the league and commissioner should place more netting in parks to protect fans who attend baseball games.
If you too have been hurt – or believe you are in danger of being injured – at a sporting event, contact a dedicated sports law attorney to learn more about what you can do.