Take me out to the ballpark, but watch out for flying baseballs!

    Perhaps one of the greatest joys in life for me is relaxing with my family at a Major League Baseball game!  The sight of the manicured field, the sound of the crack of the bat, and the smells wafting from the outfield barbeque create an environment second to none.  However, for some, an occasional sun drenched afternoon at the ballpark has turned into a scary and sometimes life altering event when a bat or baseball goes into the stands.  Watch out for flying baseballs!

     In some cases, a spectator that has been struck by a baseball at a game has suffered a serious injury.  The fan has incurred medical bills that they were unable to afford, coupled with missing time from work.  So are the Phillies responsible to compensate their fans who incur these economic damages much less for pain, discomfort, or scarring?  Almost with certainty, the answer is “No”.

     In July, 2003, a young man and his date attended a Phillies game at Veterans stadium.  The Phillies centerfielder, Marlon Byrd, caught a lazy fly ball for the third out to end the inning.  Marlon tossed the ball into the crowd as he trotted in from centerfield.  The young man thrilled with the opportunity, reached for the ball, in hopes of grabbing a souvenir for his date.  Unfortunately, the young man missed the ball which struck him in the face breaking his glasses and lacerating his nose.  The young man filed a lawsuit against the Phillies in an attempt to be compensated for his injuries.  The Court stated that an owner of a baseball stadium has “no duty” to protect a spectator from risks that are inherent to the activity.  An “inherent risk” is a risk that is common, frequent, and expected.  As the young man had attended over 100 baseball games, he was aware that it was customary for players to toss balls into the stands, and his case was dismissed.  In another similar case against the Pittsburgh Pirates, a court dismissed an injured spectator’s claim and stated that the risk of being hit, with a chance to catch a foul ball, is one of the greatest thrills of attending a baseball game!  That judge was most definitely a baseball fan!

     What if a fan doesn’t know about the risks or customs of the game?  What if my third cousin from Ireland comes for a visit and has never attended, nor seen a baseball game?  Well, the Court stated the stadium owner has no duty to protect spectators from inherent risks of the game whether the spectator knew or didn’t know of such risks.

     Please don’t let this dissuade you from attending the greatest sport ever created: America’s Game, Baseball!  However, select your seats carefully keeping in mind who will be attending the game with you!  Enjoy the game safely!

     Jim McCarthy is an attorney at the law firm of McCarthy & McCarthy, P.C. (www.mccarthymccarthy.com) and can be reached at JMcCarthy@McCarthyMcCarthy.com . Nothing in this blog is legal advice.  No one should act upon the contents of this blog and should consult an attorney for advice based upon their facts and circumstances before making any decisions.