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Thursday, February 28, 2013

AP:  Man Who Lost Eye At Hawks Stadium Can Sue For Damages

The Idaho Supreme Court decided not to impose the “Baseball Rule” of liability in the lawsuit brought by Bud Rountree, instead choosing to let a jury decide if watching baseball is an inherently dangerous activity done at the spectator’s own risk.
. . .
Rountree was injured while attending a Boise Hawks game with his wife and grandkids on Aug. 13, 2008. Rountree left his seat in the mesh-netting protected section of the stadium and was talking to someone in an area not protected by netting when he heard the crowd begin to roar. That’s when Rountree turned toward the field and was struck in the face with a foul ball, according to the ruling, and the resulting injury caused him to lose an eye.

If a jury finds the team liable for injuries to inattentive fans, who gets the shaft?

The Yankee Clapper Posted: February 28, 2013 at 09:50 PM | 3 comment(s) Login to Bookmark
  Tags: cubs, fans, injury, legal

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   1. villageidiom Posted: March 01, 2013 at 06:22 AM (#4378167)
He's suing for loss of fun and games.
   2. Walt Davis Posted: March 01, 2013 at 04:33 PM (#4378590)
I'm guessing this doesn't really get anywhere ... even if he wins the suit, the reward will be fairly small, it will be appealed and 12 years from now he'll get $30,000. But if he does win big then one result will be a lot more netting around the park. I'm somewhat surprised they haven't done more of this already.

So legal beagles -- does the existence of netting for part of the park show that (a) teams recognize they have some responsibility to protect the fans (i.e. liability) and (b) they can't argue this sort of injury was unforeseeable?
   3. Pops Freshenmeyer Posted: March 01, 2013 at 04:59 PM (#4378610)
They won't argue unforseeability since the "baseball defense" is essentially that the risk is well-known by the plaintiff and he assumed that risk in attending a baseball game.

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