In recent years, baseball games have become more of an entertainment spectacle than a sporting event, with distractions happening from every angle throughout the entirety of the baseball game. What once was considered a family outing to take in a simple game of baseball has turned into a three- (or four-) hour entertainment experience. Nowadays, there are events happening before the games, but also in-between every inning of the baseball game. For example, the Milwaukee Brewers (“Brewers”) have the Famous Racing Sausages before the seventh inning of every baseball game at Miller Park.[1] Not only are the distractions prominent before the game as well as in-between innings, there are distractions that happen throughout the innings, taking attention away from the field-of-play and game itself. The Miami Marlins have a fish tank behind home plate,[2] the Arizona Diamondbacks have a pool in the outfield,[3] and the Brewers have their famous slide, where Bernie, the Brewer’s mascot, slides down after each Brewer’s homerun.[4] Fireworks are also set off in most baseball parks after a homerun is hit by the home team. There are also advertisements throughout the game displayed on the jumbotron at all thirty (30) MLB stadiums, but these advertisements are not consistent, as they rotate through various sponsors and announcements throughout the game. The jumbotron also displays player statistics, updated after every play, as well as information about the current batter and pitcher. Additionally, more and more stadiums are installing LED advertisements not only in the area above the lower concourses, but also surrounding the field, which takes a spectators attention away from the game and to the fourth inning combo deal at the concession stand. Not only are distractions prevalent around the ballpark, but distractions are in the palm of our hands with the rise of smartphones and Wi-Fi-ready ballparks. Fans are distracted by social media postings, taking pictures, checking scores, and so on and are not as focused on the game as in the past, making injuries more likely to occur.[5]
In addition to the entertainment spectacle that baseball games have become, many fans purchase tickets to baseball games with the hope of catching a foul ball or being tossed a souvenir from one of the baseball players. These fans buy tickets in areas that are notoriously known for seeing the greatest number of foul balls per game or where players are likely to toss souvenirs into the crowd. Websites, like bestfoulballseats.com, provide fans with information about all 30 MLB baseball parks and the best foul ball seats for each park.[6] There is even an app for smartphones that allows fans to look up the best foul ball seats at their ballpark.[7] The best areas to catch a foul ball are generally behind the first and third base lines to the foul poles; both the lower and middle seat levels encounter foul balls throughout the game.[8]
In July 2015 during a game between the Boston Red Sox (“Red Sox”) and the Oakland Athletics (“Athletics”) at Fenway Park in Boston, Athletics’ third baseman Brett Lawrie’s (“Lawrie”) bat broke after hitting a ground ball, sending broken bat pieces flying into the stands between home plate and third base.[9] A fan at the game, Tonya Carpenter, was hit by a piece of the broken bat in the forehead, resulting in a severe gash on her forehead.[10] Medical personnel at Fenway Park attended to Carpenter before she was taken to a nearby hospital and the game was delayed for several minutes as Carpenter was being treated.[11] Carpenter’s initial injury was described as “life-threatening,” with Carpenter requiring emergency surgery;[12] Carpenter was released from the hospital about a week later and then admitted to a rehabilitation center.[13]
Another woman was injured in August 2015 during a game between the Texas Rangers and the Detroit Tigers (“Tigers”) after Tigers’ centerfielder Anthony Gose hit a foul ball during the eighth inning that went sailing into the stands behind the Tigers’ dugout.[14] The fan was hit on the right side of her head.[15] Emergency medical personnel at the ballpark responded to the fan immediately, tending to her until she was carried out on a stretcher several minutes later.[16] In April of 2015, a fan was injured during a Pittsburgh Pirates game when a foul ball came over the protective netting behind home plate and struck her on the head.[17] The fan spent a day in the hospital and was released.[18] Two fans were injured only months apart at Turner Field, home of the Atlanta Braves.[19] In May 2010, a six year old girl sitting behind the third base dugout was hit by a foul ball that fractured her skull in thirty (30) places.[20] Later that season, in September of 2010, another fan who was also sitting behind third base was hit by a foul ball that caused the fan to lose sight in her right eye.[21]
One of the earliest instances of an injury resulting from a foul ball came in 1970 when a fourteen year old boy was struck in the temple by a foul ball while attending a Los Angeles Dodgers’ baseball game. The boy, Alan Fish, died just four days after being hit by the foul ball and remains the only fan to die as the result of being struck by a foul ball at a baseball game.[22]
But injuries at the ballpark are nothing new. In fact, a Bloomberg News study found that nearly 1,750 spectators at MLB games are injured each year as a result of a foul ball being hit,[23] with many of the foul balls landing in the area between the existing netting and the first and third base lines.[24] On average, there are about forty-eight (48) foul balls hit during each MLB game.[25] Although there are not precise records kept concerning foul balls hit by players, it is claimed that former Philadelphia outfielder Richie Ashburn once hit fourteen foul balls in one at-bat,[26] that Roy Thomas once hit twenty-two foul balls in one at-bat, and that former Chicago White Sox Hall of Famer Luke Appling, who was notorious for fouling off balls in an effort to get a pitch he liked, once hit seventeen foul balls in one at-bat, to name a few.[27] According to MLB, “a foul ball is a batted ball that settles on foul territory between home and first base, or between home and third base, or that bounds past first or third base on or over foul territory, or that first falls on foul territory beyond first or third base.”[28] In other words, a foul ball is any ball hit outside of the baseball diamond.
Broken bats are also normal occurrences during an MLB game. The number of broken bats reached an all-time high in 2008 with more than 2,400 instances of bats breaking into multiple pieces, which came out to about one bat breaking per game.[29] Last season (2015), 271 bats had broken by June 1, 2015, which results in one every 2.78 games.[30] There are two types of bats, maple and ash; most MLB players prefer to use maple bats as they are stronger than their ash counterparts.[31] However, what is important to note in addition to the above statistics is that maple bats are “three times more likely than their ash counterparts to fracture into multiple pieces.”[32] More important than that, a maple bat is the type of bat Lawrie used when the Red Sox fan was injured in July of 2015.[33]
In response to the above statistics and the seriousness of the Red Sox fan’s injuries in July 2015, an Oakland Athletics’ season-ticket holder, Gail Payne (“Payne”), initiated a class-action lawsuit filed in Federal District Court in Northern California against the MLB and MLB Commissioner Rob Manfred (“Manfred”), “claiming [MLB and Manfred] did too little to protect fans from fast-moving foul balls and splintered bats.”[34] The lawsuit alleges four causes of action against the MLB and Manfred on behalf of the class, including: (1) negligence; (2) fraudulent concealment; (3) violations of the California Unfair Competition law; and (4) violations of consumer legal remedies act.[35] Under the negligence claim, Payne argues that “Defendants turned a blind eye to the risk and failed to warn and/or impose safety regulations governing this health and safety issue.”[36] Moreover, the “Defendants have failed to meet their responsibility to safeguard spectators, and have engaged in a pattern of negligence and inaction with respect to spectator injuries, while profiting from these same spectators.”[37] The lawsuit specifically addresses what Payne calls Manfred’s failure to act in response to the increasing number of foul balls and bats that come flying into the unprotected area of the stands and in response to the increased distractions at the ballpark.[38] Payne further alleges that “Defendants also increased the risk to spectators by calling for more distracting technology to lure in younger fans and appeal to their shorter attention spans, and by advocating for a pitch clock that would reduce the amount of time between pitches/bats. Defendants also made false statements and assurances about the priority of fan safety and ‘entertainment’ aspects of the game, encouraging families to bring their children to games at a younger and younger age.”[39] In addition to the distractions listed above, the lawsuit also points to a series of additional factors that contribute to the increase in fans being injured at games, including: “pitchers who throw harder; bats that splinter more easily; distractions like video monitors and Wi-Fi that leave fans less time to react to a foul ball; and a leaguewide initiatives to accelerate the pace of play.”[40] Specifically, the lawsuit brings a negligence claim against Manfred, stating that “Manfred has failed to uphold his duties to enact safety measures against the danger of foul ball and bat injuries through a widespread pattern of negligence, misrepresentations and omissions toward baseball spectators at MLB games.”[41]
The judge can certify the class, which would include “any season-ticket holder who sits in an unprotected area along the first- and third-base lines.”[42] One key element of this class-action lawsuit is that the plaintiffs are season-ticket holders who could potentially be injured, but who have not yet suffered injury as the result of a lack of netting in their seating area.[43] The lawsuit is not seeking any monetary relief, rather Payne hopes to force the MLB to extend the netting further down the first- and third-base lines, from foul pole to foul pole.[44]
The Defendants, collectively the MLB and Manfred, filed a Motion to Dismiss with the District Court on December 23, 2015.
The “Baseball Rule,” as it is traditionally called, will play an important factor in the lawsuit. Courts have often been faced with the question whether a sports team is liable for injuries sustained by a fan while in attendance at a sporting event. The Court in Martinez v. Houston McLane Co., LLC cited a New Jersey Supreme Court Case to define the baseball rule, noting that “the baseball rule ‘establishes a fact-specific standard of care for injuries caused by errant balls at baseball stadiums by accounting for the open and obvious nature of the risk that batted balls pose to fans.’”[45] Another court in Moulas v. PBC Productions explained the baseball rule as “prohibit[ing] a spectator who is injured by a flying baseball to make a claim against the team or other responsible parties.”[46] Generally speaking, in a negligence claim a person will be liable for injuries only if the person owed a legal duty to the injured party and the harm that resulted was foreseeable. Under the Baseball Rule, however, “the way it’s usually formulated by the courts is that stadium owners and operators must provide ‘screened seats for as many spectators as may be reasonably expected to call for them on any ordinary occasion.’”[47] Put in more colloquial terms, the Baseball Rule is an assumption of risk standard, meaning by purchasing the ticket and sitting in the stands, you, as a patron, understand and accept the risks associated with attending a baseball game and the ballpark operator and MLB team are not liable for any injuries that result because of the disclaimer included on the back of the ticket. The exculpatory language on the back of each ticket states that:
By use of this ticket and attendance at the game, Holder (on behalf of Holder and any minor accompanying Holder) acknowledges and assumes all risks and dangers incidental to the game and the sport of baseball including, without limitation, any pre-game, in-game or post-game activities, any warm-ups or practices, any promotions or competitions, or any other related activities, whether such risk or danger occurs prior to, during or subsequent to any such game or activity, including specifically (but not exclusively) the danger of being injured by thrown or batted balls; thrown bats or fragments thereof; thrown equipment or pieces thereof; thrown, dropped or launched items and projectiles; other hazards or distractions; spectator conduct; and any incidents or accidents associated with crowds of people, and agrees that none of the [Professional baseball team], the MLB Entities, the participating clubs and other Major League Baseball-related entities . . . shall be responsible or liable for any personal injury, property damage, or other loss suffered as a result of such risks or dangers and/or resulting from the negligence of any Released Party. [48]
The Baseball Rule applies in most states regardless of whether an assumption of risk or contributory negligence analysis is utilized.[49] While a typical negligence claim is determined by the jury, a negligence claim against a ballpark operator or MLB team can be determined as a matter of law based on whether the ballpark operator/team had the required protective netting or screening.[50] However, because of the distractions mentioned above and in the complaint, Payne (and any future plaintiffs) could, and appears to, challenge the Baseball Rule “on grounds that what was once considered reasonable protection—say, netting from dugout to dugout—is no longer reasonable, and more netting is required.”[51] Some courts have allowed challenges to the Baseball Rule to pass summary judgment; for example, the Idaho Supreme Court ruled that a fan injured at a baseball game could request damages from the team.[52] As a matter of first impression, the Idaho Supreme Court noted that while most jurisdictions have adopted some variation of the baseball rule, the Court declined to adopt such a rule in Idaho stating, “[w]e find no compelling public policy requiring us to [adopt the baseball rule] . . . though a ‘nose count’ of how many jurisdictions endorse a particular rule might be impressive, widespread acceptance alone will not compel this Court to act similarly.”[53] Although the Court declined to adopt the Baseball Rule, they noted that should the legislature find a compelling public policy reason, the legislature could pass a statute adopting the Baseball Rule in Idaho.[54] This ruling is rare, however, as most courts that have since examined the Baseball Rule have upheld its validity.
At last years’ MLB Winter Meetings, the MLB enacted security measures mandating that all 30 ballparks use metal detectors at the entrances of the ballpark to ensure fan safety.[55] The Winter Meetings for the upcoming season (the 2016 season), held in Nashville, Tennessee in December of 2015, focused on another aspect of improving fan safety. In response to the number of injuries that resulted from foul balls and broken bats during the 2015 MLB season and because of the lawsuit initiated by Payne, the MLB Winter Meetings focused on improving safety at the ballpark by extending the netting beyond the current requirement, which is behind home plate to each dugout.[56] Although netting was a huge concern during the meetings, Manfred has noted in the past the difficulty that a uniform standard of netting creates in MLB where every ballpark is built differently.[57] There is also the concern that increased netting will have an effect on the fan experience of the game, including interacting with the players and catching souvenir foul balls, gloves, etc.
At the conclusion of the MLB Winter Meetings, Manfred issued three recommendations for all 30 teams in an effort to protect fans from injuries resulting from foul balls and broken bats coming into the stands while at the same time trying to “preserv[e] the interactive elements that are integral to the baseball fan experience.”[58] The recommendations seek to address the concerns noted by Manfred prior to the Winter Meetings, like the difference in ballpark dimensions and the fan experience of an MLB game.[59] The recommendations include the following:
- Clubs are encouraged to implement or maintain netting (or another effective protective screen or barrier of their choosing) that shields from line-drive foul balls all field-level seats that are located between the near ends of both dugouts (e. the ends of the dugouts located closest to home plate, inclusive of any adjacent camera wells) and within 70 feet of home plate. The Commissioner’s Office has retained a consultant specializing in stadium architecture and protective netting to assist interested Clubs in implementing this recommendation.
- Although Clubs already provide warnings to fans about the dangers posed by batted balls and bats entering the stands and the need to pay attention to the action on the field during each at-bat, the Commissioner’s Office recommends that Clubs continue to explore ways to educate their fans on these issues and is providing Clubs with resources to assist them in this area.
- The Commissioner’s Office will be working with the Clubs and online ticketing sellers to identify ways to provide customers with additional information at the point of sale about which seats are (and are not) behind netting.[60]
After the recommendations were issued, Manfred said “This recommendation attempts to balance the need for an adequate number of seating options with our desire to preserve the interactive pre-game and in-game fan experience that often centers around the dugouts, where fans can catch foul balls, see their favorite players up close and, if they are lucky, catch a tossed ball or other souvenir.”[61] In addition to the above recommendations, the MLB has encouraged teams to continue to educate their fans on the dangers associated with attending an MLB game, including the risk of foul balls and broken bats coming into the stands.[62] In addition to this education, Manfred would also like to ensure that fans know which seats will and will not be behind the protective netting prior to the fans purchasing tickets.[63]
While these are just recommendations, MLB teams are viewing them more as requirements than suggestions.[64] Many MLB teams have already issued statements of support and compliance with the recommendations, including the Cincinnati Reds and the Houston Astros.[65] The Red Sox, too, have already stated that they will extend their netting at Fenway Park.[66] Players, too, are sure to be supportive of the expansion in netting, as many players addressed concern over the safety of fans after the injuries this past season. For example, Tigers’ pitcher Justin Verlander (“Verlander”) took to twitter after the Red Sox accident saying, “More protective measures need to be put in place in all ball parks! Players are sick of seeing injuries that could easily be avoided!”[67] Another Tigers’ player, third baseman Nick Castellanos, concurred with Verlander’s sentiment following the Red Sox incident. Castellanos noted that “nets need to go up all around baseball, without a doubt.”[68] Verlander concluded his tweets with the hashtag: #dontwaittoolate,[69] and while if the MLB had expanded the netting requirements sooner the incidents of this past summer may not have happened, the MLB is taking the appropriate measures to prevent injuries in the future, hopefully preserving baseball as a fun, and safe, outing for the whole family. Although not all of the dangers associated with attending a sporting event can be combated by extending the protective netting, in the words of Justice Cardozo, “the timorous may stay at home.”[70]
Lori Shaw is a graduate of Marquette University Law School where she focused on Intellectual Property and Sports Law. Shaw was the Managing Editor for the Marquette Intellectual Property Law Review, a member of the Marquette Sports Law Review, and a Sports Law Certificate candidate for May 2016. Shaw was also a member of the Employment Law Society and Sports Law Society. Prior to coming to Marquette Law, Shaw double-majored in History and Political Science, with a Psychology minor, at Indiana University in Bloomington, Indiana.
[1] The Famous Racing Sausages, Milwaukee Brewers, http://milwaukee.brewers.mlb.com/mil/fan_forum/racing_sausages.jsp (last visited Jan. 24, 2016).
[2] Tim Newcomb, Ballpark Quirks: Hitting with the Fishes in Miami’s Marlins Park, Sports Illustrated (June 20, 2014), http://www.si.com/mlb/2014/06/20/ballpark-quirks-marlins-park-fish-tanks-miami-marlins.
[3] Anthony Lifrieri, The 20 Most Interesting Ballpark Quirks in MLB History¸ Bleacher Report (Feb. 21, 2011), http://bleacherreport.com/articles/615282-the-20-most-interesting-ballpark-quirks-in-mlb-history/page/7.
[4] Curt Hogg, Sausages, Slides, and Scores: The 10 Greatest Things About Miller Park, Bleacher Report (Aug. 24, 2010), http://bleacherreport.com/articles/441687-sausages-slides-and-scores-the-ten-greatest-things-about-miller-park/page/6.
[5] Foul Ball History, Foul Ballz, http://foulballz.com/research/foul-ball-history/ (last visited Feb. 9, 2016).
[6] See generally The Best Foul Ball Seats, http://www.bestfoulballseats.com/ (last visited Feb. 9, 2016).
[7] Pat Graham, Bring Your Glove: App Finds Best Seats for Foul Balls in MLB Stadiums, Yahoo! Tech (Aug. 15, 2014), https://www.yahoo.com/tech/bring-your-glove-app-finds-best-seats-for-foul-balls-94824428234.html.
[8] See generally The Best Foul Ball Seats, http://www.bestfoulballseats.com/ (last visited Feb. 9, 2016).
[9] Woman Injured by Broken Bat at Fenway Park Remains in Serious Condition, ESPN (June 9, 2015), http://espn.go.com/boston/mlb/story/_/id/13024139/woman-injured-boston-red-sox-game-serious-condition; Josh Sanburn, Woman Hit by Bat at Red Sox Game Has Life-Threatening Injuries, TIME (June 6, 2015), http://time.com/3911585/fan-injured-red-sox-oakland-athletics/.
[10] Woman Injured by Broken Bat at Fenway Park Remains in Serious Condition, ESPN (June 9, 2015), http://espn.go.com/boston/mlb/story/_/id/13024139/woman-injured-boston-red-sox-game-serious-condition; Josh Sanburn, Woman Hit by Bat at Red Sox Game Has Life-Threatening Injuries, TIME (June 6, 2015), http://time.com/3911585/fan-injured-red-sox-oakland-athletics/.
[11] Josh Sanburn, Woman Hit by Bat at Red Sox Game Has Life-Threatening Injuries, TIME (June 6, 2015), http://time.com/3911585/fan-injured-red-sox-oakland-athletics/.
[12] Woman Injured by Broken Bat at Fenway Park Remains in Serious Condition, ESPN (June 9, 2015), http://espn.go.com/boston/mlb/story/_/id/13024139/woman-injured-boston-red-sox-game-serious-condition.
[13] AP, Woman Hurt by Bat at Red Sox Game Released from Hospital, New York Post (June 12, 2015), http://nypost.com/2015/06/12/woman-hurt-by-bat-at-red-sox-game-released-from-hospital/.
[14] Jason Beck, Fan Struck by Foul Ball Evaluated at Hospital, MLB.com (Aug. 22, 2015), http://m.mlb.com/news/article/144581376/fan-injured-on-anthony-goses-foul-ball.
[15] Id.
[16] Id.
[17] SI Wire, Lawsuit Urges MLB to Install Netting from Foul Pole to Foul Pole, Sports Illustrated (July 13, 2015), http://www.si.com/mlb/2015/07/13/mlb-fan-safety-lawsuit-protective-netting.
[18] Id.
[19] Daniel Otis, A Look at Baseball Injuries from Foul Balls and Broken Bats, Toronto Star (Aug. 27, 2015), http://www.thestar.com/sports/baseball/2015/08/27/a-look-at-baseball-injuries-from-foul-balls-and-broken-bats.html
[20] Id.
[21] Id.
[22] Id.
[23] Richard Sandomir, Lawsuit Seeks Better Protection for Fans From Foul Balls and Broken Bats, The New York Times (July 13, 2015), http://mobile.nytimes.com/2015/07/14/sports/baseball/lawsuit-seeks-better-protection-for-fans-from-foul-balls-and-broken-bats.html?emc=edit_tnt_20150713&post_id=1269346240_10206997000304672&_r=0#_=_
[24] Noah Frank, MLB Studying increased fan safety measures, WTOP (Sept. 16, 2015), http://wtop.com/mlb/2015/09/mlb-studying-increased-fan-safety-measures/
[25] Everything You Need to Know About Foul Balls, Foul Balls, https://foulballz.com/ (last visited Feb. 10, 2016).
[26] Rich McVey, What’s the Record for Most Foul Balls Hit in a Single At-Bat?, Athlon Sports (Jan. 23, 2013), http://athlonsports.com/mlb/whats-record-most-foul-balls-hit-single-bat.
[27] What Is the Record for Number of Foul Balls Hit During One At Bat?, WikiAnswers, http://www.answers.com/Q/What_is_the_record_for_number_of_foul_balls_hit_during_one_at_bat (last visited Feb. 10, 2016).
[28] Official Info, Official Rules: 2.00 Definition of Terms, MLB.com, http://mlb.mlb.com/mlb/official_info/official_rules/definition_terms_2.jsp (last visited Feb. 9, 2016).
[29] Jo Craven McGinty, Behind Broken Bats, Broken Records, The Wall Street Journal (June 25, 2015), http://www.wsj.com/articles/behind-broken-bats-broken-records-1435331141.
[30] Id.
[31] Id.
[32] Noah Frank, MLB Studying Increased Fan Safety Measures, WTOP (Sept. 16, 2015), http://wtop.com/mlb/2015/09/mlb-studying-increased-fan-safety-measures/
[33] Id.
[34] Richard Sandomir, Lawsuit Seeks Better Protection for Fans From Foul Balls and Broken Bats, The New York Times (July 13, 2015), http://mobile.nytimes.com/2015/07/14/sports/baseball/lawsuit-seeks-better-protection-for-fans-from-foul-balls-and-broken-bats.html?emc=edit_tnt_20150713&post_id=1269346240_10206997000304672&_r=0#_=_
[35] Complaint at iii, Payne v. Office of the Commissioner of Baseball & Manfred, 4:15-cv-03229
[36] Id. at 40.
[37] Id. at 42.
[38] Craig Calcaterra, A Class-Action Law Suit Was Filed Against MLB Today Seeking the Installation of More Protective Netting, NBC Sports, July 13, 2015, http://hardballtalk.nbcsports.com/2015/07/13/a-class-action-law-suit-was-filed-against-mlb-today-seeking-the-installation-of-more-netting/; Richard Sandomir, Lawsuit Seeks Better Protection for Fans From Foul Balls and Broken Bats, The New York Times (July 13, 2015), http://mobile.nytimes.com/2015/07/14/sports/baseball/lawsuit-seeks-better-protection-for-fans-from-foul-balls-and-broken-bats.html?emc=edit_tnt_20150713&post_id=1269346240_10206997000304672&_r=0#_=_.
[39] Id. at 43.
[40] Richard Sandomir, Lawsuit Seeks Better Protection for Fans From Foul Balls and Broken Bats, The New York Times (July 13, 2015), http://mobile.nytimes.com/2015/07/14/sports/baseball/lawsuit-seeks-better-protection-for-fans-from-foul-balls-and-broken-bats.html?emc=edit_tnt_20150713&post_id=1269346240_10206997000304672&_r=0#_=_.
[41] SI Wire, Lawsuit Urges MLB to Install Netting from Foul Pole to Foul Pole, Sports Illustrated (July 13, 2015), http://www.si.com/mlb/2015/07/13/mlb-fan-safety-lawsuit-protective-netting.
[42] Id.
[43] Craig Calcaterra, A Class-Action Law Suit Was Filed Against MLB Today Seeking the Installation of More Protective Netting, NBC Sports, July 13, 2015, http://hardballtalk.nbcsports.com/2015/07/13/a-class-action-law-suit-was-filed-against-mlb-today-seeking-the-installation-of-more-netting/. To join the lawsuit, an interested party simply has to fill out the form, available here: https://www.hbsslaw.com/cases/major-league-baseball—foul-ball-injuries.
[44] Richard Sandomir, Lawsuit Seeks Better Protection for Fans From Foul Balls and Broken Bats, The New York Times (July 13, 2015), http://mobile.nytimes.com/2015/07/14/sports/baseball/lawsuit-seeks-better-protection-for-fans-from-foul-balls-and-broken-bats.html?emc=edit_tnt_20150713&post_id=1269346240_10206997000304672&_r=0#_=_; Craig Calcaterra, A Class-Action Law Suit Was Filed Against MLB Today Seeking the Installation of More Protective Netting, NBC Sports, July 13, 2015, http://hardballtalk.nbcsports.com/2015/07/13/a-class-action-law-suit-was-filed-against-mlb-today-seeking-the-installation-of-more-netting/.
[45] Martinez v. Houston McLane Co., LLC, 414 S.W.3d 219, 223 (Ct. Apps. Tx. 2013).
[46] Moulas v. PBC Productions Inc., 213 Wis.2d 406, 418 (Ct. App. Wi. 1997).
[47] Craig Calcaterra, A Class-Action Law Suit Was Filed Against MLB Today Seeking the Installation of More Protective Netting, NBC Sports, July 13, 2015, http://hardballtalk.nbcsports.com/2015/07/13/a-class-action-law-suit-was-filed-against-mlb-today-seeking-the-installation-of-more-netting/.
[48] The above language can be found on the back of a Milwaukee Brewers Baseball Ticket (on file with Lori Shaw).
[49] Moulas v. PBC Productions Inc., 213 Wis.2d 406, 418 (Ct. App. Wi. 1997); Pestalozzi v. Philadelphia Flyers, Ltd., 394 Pa.Super. 420, 576 A.2d 72 (1990); Martinez v. Houston McLane Co., LLC, 414 S.W.3d 219, 223 (Ct. Apps. Tx. 2013).
[50] Craig Calcaterra, A Class-Action Law Suit Was Filed Against MLB Today Seeking the Installation of More Protective Netting, NBC Sports, July 13, 2015, http://hardballtalk.nbcsports.com/2015/07/13/a-class-action-law-suit-was-filed-against-mlb-today-seeking-the-installation-of-more-netting/.
[51] Id.
[52] Roundtree v. Boise Baseball, LLC, 296 p.3D 373 (Idaho Sup. Ct. 2013); Mike Oz, In Rare Ruling, Court Says Baseball Fan Can Seek Damages from Foul Ball Injury, Yahoo! (Feb. 28, 2013), http://sports.yahoo.com/blogs/mlb-big-league-stew/rare-ruling-court-says-baseball-fan-seek-damages-193537998–mlb.html.
[53] Roundtree v. Boise Baseball, LLC, 296 p.3D 373, 379 (Idaho Sup. Ct. 2013).
[54] Id.
[55] Noah Frank, MLB Studying Increased Fan Safety Measures, WTOP (Sept. 16, 2015), http://wtop.com/mlb/2015/09/mlb-studying-increased-fan-safety-measures/
[56] MLB Urges Teams to Install Protective Netting 70 Feet Down Foul Lines, USA Today (Dec. 9, 2015), http://www.usatoday.com/story/sports/mlb/2015/12/09/mlb-protective-netting-rob-manfred-fan-safety-foul-balls/77041126/.
[57] Ryan Lawrence, Phillies Notebook: Woman Hurt by Foul Underscores Safety Concerns, PHILLY.COM, (Aug. 28, 2015), http://articles.philly.com/2015-08-28/sports/65973809_1_commissioner-rob-manfred-phillies-notebook-netting.
[58] @MLBCommunications, Twitter (Dec. 9, 2015, 9:19AM), https://twitter.com/MLB_PR/status/674639550057160704
[59] SI Wire, MLB Issues Safety Recommendations to Protect Fans from Foul Balls, Sports Illustrated (Dec. 9, 2015), http://www.si.com/mlb/2015/12/09/mlb-fan-safety-reccomendations-foul-balls.
[60] @MLBCommunications, Twitter (Dec. 9, 2015, 9:19AM), https://twitter.com/MLB_PR/status/674639550057160704
[61] SI Wire, MLB Issues Safety Recommendations to Protect Fans from Foul Balls, Sports Illustrated (Dec. 9, 2015), http://www.si.com/mlb/2015/12/09/mlb-fan-safety-reccomendations-foul-balls.
[62] Id.
[63] Chris Cwik, MLB Recommends Clubs Extend Netting in Effort to Improve Fan Safety, Yahoo! (Dec. 9, 2015), http://es.sports.yahoo.com/blogs/mlb-big-league-stew/mlb-issues-recommendations-to-clubs-regarding-netting-and-fan-safety-173235470.html; AP- Ronald Blum, MLB Recommends Netting Between Dugouts for all 30 Ballparks, The Big Story (Dec. 9, 2015), http://bigstory.ap.org/article/abb552343626468389fa8ee34dbd446e/mlb-remmends-netting-between-dugouts. There are websites available today that help fans determine which seats are in prime merchandise zones, i.e. where fans can sit with the best odds to catch a foul ball. For example, see The Best Foul Ball Seats, http://www.bestfoulballseats.com/ (last visited Feb. 9, 2016).
[64] Chris Cwik, MLB Recommends Clubs Extend Netting in Effort to Improve Fan Safety, Yahoo! (Dec. 9, 2015), http://es.sports.yahoo.com/blogs/mlb-big-league-stew/mlb-issues-recommendations-to-clubs-regarding-netting-and-fan-safety-173235470.html.
[65] AP- Ronald Blum, MLB Recommends Netting Between Dugouts for all 30 Ballparks, The Big Story (Dec. 9, 2015), http://bigstory.ap.org/article/abb552343626468389fa8ee34dbd446e/mlb-recommends-netting-between-dugouts
[66] Kyle Clauss, Fenway Park to Expand Safety Netting in Response to Fan Injuries, Boston Magazine (Dec. 10, 2015), http://www.bostonmagazine.com/news/blog/2015/12/10/fenway-park-safety-netting/.
[67] Justin Verlander Cautions MLB: Extend Netting ‘Before It’s Too Late,’ ESPN (Aug. 22, 2015), http://espn.go.com/mlb/story/_/id/13486481/fan-hit-foul-ball-detroit-tigers-home-game-texas-rangers
[68] Id.
[69] Id.
[70] Roger I. Abrams, Spectators and the Baseball Rule, HuffPost Sports (June 8, 2015), http://www.huffingtonpost.com/roger-i-abrams/spectators-and-the-baseba_b_7536610.html.