Written by Chris Dolan
As the baseball season kicks off, it is important for fans to stay vigilant during games. Distracted by cell phones, spectators risk serious injuries from foul balls, line drives, and broken bats. In the U.S., approximately 1,750 spectators are injured annually by baseballs. Despite extended safety netting by all MLB teams, fans in unscreened seats legally assume the risk of injury. This article explores the legal responsibilities and protections for injured fans, highlighting the importance of paying attention during the game.
The Increasing Risk for Baseball Fans
Over the past decade, I have consistently reminded fans at the start of each baseball season about the importance of staying alert. As both a lawyer and a passionate Giants fan, I stress putting down your cell phone and keeping your eye on the ball to avoid serious injuries.
Statistics on Spectator Injuries
Balls and bats leaving the playing field and entering the stands are common occurrences. A 2014 Bloomberg News analysis reported approximately 1,750 spectator injuries annually at major league ballparks, with more fans being hit by baseballs than players by pitches. While most injuries are minor, severe injuries and even deaths have been reported due to high-speed balls and wooden bats.
Case Studies and Historical Data
According to a 2015 Boston Globe article, about 73% of foul balls end up in the stands. A lawsuit against the Red Sox in the 1990s revealed that 36 to 53 fans were hit annually by balls outside the field of play. Reports of skull fractures and brain injuries highlight the risks as fans sit closer to the action.
Legal Precedents on Liability
The California Supreme Court addressed spectator injuries in the 1935 case of Quinn v. Recreation Park Ass’n, ruling that fans assume the natural risk of being struck by balls or bats. The franchise or park owner is required only to exercise ordinary care, providing screened seats for those who request them.
Court Opinions on Safety Measures
In Neinstein v. Los Angeles Dodgers Inc., the Court of Appeals emphasized the importance of preserving the spectator experience and avoiding excessive screening that could alter the game’s nature or significantly raise ticket prices.
Recent Safety Improvements
All 30 MLB teams have extended safety netting to the foul poles, offering better protection for fans in lower sections. However, fans in upper decks or unscreened areas must remain vigilant, as they legally assume the risk of injury.
Stay Alert and Enjoy the Game
As you enjoy the excitement of the baseball season, remember to stay alert and keep your eye on the ball. By doing so, you can avoid injuries and fully enjoy America’s pastime.
