Baseball for the Thinking Fan

Login | Register | Feedback

btf_logo
You are here > Home > Baseball Newsstand > Baseball Primer Newsblog > Discussion
Baseball Primer Newsblog
— The Best News Links from the Baseball Newsstand

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

Reader Comments and Retorts

Go to end of page

Statements posted here are those of our readers and do not represent the BaseballThinkFactory. Names are provided by the poster and are not verified. We ask that posters follow our submission policy. Please report any inappropriate comments.

   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.

You must be Registered and Logged In to post comments.

 

 

<< Back to main

BBTF Partner

Support BBTF

donate

Thanks to
dirk
for his generous support.

Bookmarks

You must be logged in to view your Bookmarks.

Hot Topics

NewsblogCubs use 3 different pitchers as OFs en route to 15-inning win
(19 - 12:41am, Jun 30)
Last: Brian C

NewsblogOT: 2016 Summer Soccer Thread
(1188 - 12:14am, Jun 30)
Last: Richard

NewsblogMets greats slam Dykstra for Davey Johnson ‘drunk’ accusations | New York Post
(19 - 12:13am, Jun 30)
Last: Scott Fischthal

NewsblogOTP 2016 June 27: Republican comeback after eight years? Yeah, on the baseball diamond
(1126 - 12:12am, Jun 30)
Last: Brian C

NewsblogCoastal Carolina Stays Alive in CWS
(1 - 11:59pm, Jun 29)
Last: stevegamer

NewsblogOT: NBA Playoffs Thread 2016
(6256 - 11:59pm, Jun 29)
Last: madvillain

NewsblogOMNICHATTER 6-29-16
(61 - 11:52pm, Jun 29)
Last: ERROR---Jolly Old St. Nick

NewsblogAndrew Mccutchen in the country of baseball.
(2 - 11:41pm, Jun 29)
Last: Bote Man makes baseball fun again

NewsblogSABR 46 Convention in Miami
(33 - 11:31pm, Jun 29)
Last: Dag Nabbit at ExactlyAsOld.com

NewsblogEver spot a French press in the Nationals dugout? Here’s how it got there. - The Washington Post
(80 - 11:16pm, Jun 29)
Last: BDC

NewsblogReport: Red Sox, Jason Groome Far Apart In Contract Negotiations « CBS Boston
(47 - 10:31pm, Jun 29)
Last: The Yankee Clapper

NewsblogTop prospect Aaron Judge making case to be on the New York Yankees - Yankees Blog- ESPN
(15 - 10:27pm, Jun 29)
Last: Bruce Markusen

NewsblogPrimer Dugout (and link of the day) 6-29-2016
(27 - 9:59pm, Jun 29)
Last: Cblau

NewsblogPhillies prospect Mark Appel has season-ending elbow surgery
(11 - 8:19pm, Jun 29)
Last: Walt Davis

NewsblogThe Francisco Lindor Effect Is Ridiculous | FanGraphs Baseball
(13 - 8:17pm, Jun 29)
Last: AROM

Page rendered in 0.3090 seconds
47 querie(s) executed