Baseball is known as America’s pastime and is enjoyed by fans all over the world. There is nothing more exciting than attending a game live, but it is important to understand the risks of injury. The liability for these injuries is a complex issue that involves balancing spectator safety with the inherent risks associated with the game.
When attending a baseball game, spectators implicitly accept a certain level of risk associated with the sport. There is no question that when attending baseball games, foul balls are inevitable. Baseball players send screaming line drives and high fly balls into the stands regularly whether they are in foul territory or a homerun. Any seat in the ballpark could be at risk. This assumption of risk is often upheld in courts, acknowledging that fans are aware of these inherent dangers and willingly attend games despite them. However, this assumption of risk is not absolute, and stadium operators have a responsibility to take reasonable steps to ensure fan safety.
Stadium operators owe a duty of care to fans attending baseball games. Stadium operators must take reasonable care of their facility to make sure fans are not at risk of unreasonable foreseeable harm. Stadiums often install safety netting along the first and third base lines to protect spectators from foul balls. Additionally, signage and warnings regarding the potential hazards of the game may be displayed throughout the stadium. But nets and signs do not get stadiums completely off the hook.
While fans assume some level of risk, stadium operators can still be held liable for injuries if they are found to have acted negligently. Negligence may arise from poor safety measures or a lack of maintenance. This may include poor netting that is supposed to protect fans or signs and objects that could fall and injure someone that was poorly maintained may result in liability to the stadium.
On the other hand, if a fan jumps onto the field and gets injured or is acting in an unsafe manner in the stands and gets injured, there is likely no liability on the stadium operator. Fans are expected to act in a reasonable manner that would avoid harm to themselves or others. With that being said, it is important to always be aware of foul balls and flying objects because fans assume the risk of entering the ballgame, but there could be a potential liability if the injury was a result of the poor maintenance of safety devices or the lack of adherence to safety protocols. So fans, make sure you are alert of your surroundings and pay attention to the game because if you are injured at a baseball game there is not always a cause of action.
King Law Offices is a full-service law firm with an outstanding team of professionals who work diligently, creatively, and compassionately on behalf of our clients each day. If you have a potential claim or one is being brought against you, contact King Law at 888-748-KING for a consultation. We have offices located across western North Carolina and upstate South Carolina. We are here to serve you and to guide you as we navigate this journey together.
