Why wouldn’t the team, Yankees, pay for the medical costs? Ok you can’t sue them but you would think the ball club would at least cover medical costs as good customer service. It’s now like they can’t afford it and it’s not something that happens very often.
Interesting…. if the fan felt his safety was in question, he could have gotten up and left. In fact, as a father with two other 12 year old boys, why didn’t he think of their safety as well. If you want to be cushioned from the sport, stay home and watch the game on TV.
Do you walk on the sidewalk? Would you use this logic if you were mowed down by a car? Would you say to the driver, “hey buddy, don’t worry about it, it is my fault, I was walking on the sidewalk and should have known that being run over was a possibility.” Of course you wouldn’t. This bizarre legal loophole is present in almost no other place in society. If you were in your back yard, hit a baseball over the fence and smashed your neighbor’s window, you would be held liable. Why we think the same logic should not apply to multi-million dollar entities is beyond me.
Sorry, but the sidewalk analogy is a non-starter. It is illegal for cars to drive up onto sidewalks and run over pedestrians. There is a reasonable expectation that cars won’t drive up onto the sidewalk. It is not illegal for a foul ball at a baseball stadium to go into the stands. There is an expectation that it will happen at least once, if not multiple, times. The ball-over-the-fence analogy fails, as well; especially when you add in trespass.
I have always been amazed at the “baseball rule.” I don’t know why the MLB has such preferential treatment in the courts. Could you imagine if a fan was killed at a NASCAR event and the courts basically said “tough luck, you knew the inherent dangers?” On top of this, with the amount of money these stadiums generate, I hardly feel bad for the teams, the players or their management. Taking care of their fans should be their top priority. This rule reminds me of the antiquated contributory negligence work comp laws.
That’s how it SHOULD work at NASCAR. You’re sitting in front of cars going over 200MPH that crash regularly. You should expect that you just might get hurt and you accept that risk anyway.
I don’t go lion hunting in Africa, because I don’t wan a lion to eat me.I will not get eaten at home. I will go tho the zoo, but I expect the lion to be caged. I the lion gets out of the cage, because the zoo personal left the gate unlocked, I a suit would be right. If I am forewarned that the lions have the keys to the gate, I am not the one to check the lions pockets. I just will not go to the zoo. If I take the risk, and go to the zoo anyway knowing this I should take some salt, and pepper so as to season me for the lion. get it?
All spectators of sports take a risk of injury and they should always understand they take the risk of injury when watching a sport regardless of distractions.
If a League or team realises that they should set a minimum standard of safety then this should not change the law. The league could internally set penalties if a team does not follow minimum standards but this does not change liability standards.
Buyer beware sports is about pushing extremes to win as second place just means your the first loser.
Phil Mickelson hits about 4 fans a week with his driver shot and signs a glove for the injured fan. Their ticket also waives the right to sue. No one should stand in the landing area on tee shots.
The problem with this will be further encroachment on the fans’ ability to enjoy the game. Ultimately, these types of “safety” measures only increase the amount of insulation between the fans and the game. I am sorry for anyone who gets hurt while watching a baseball game, but I long for the days when people accepted personal responsibility for the risks they took.
Why wouldn’t the team, Yankees, pay for the medical costs? Ok you can’t sue them but you would think the ball club would at least cover medical costs as good customer service. It’s now like they can’t afford it and it’s not something that happens very often.
Interesting…. if the fan felt his safety was in question, he could have gotten up and left. In fact, as a father with two other 12 year old boys, why didn’t he think of their safety as well. If you want to be cushioned from the sport, stay home and watch the game on TV.
Do you walk on the sidewalk? Would you use this logic if you were mowed down by a car? Would you say to the driver, “hey buddy, don’t worry about it, it is my fault, I was walking on the sidewalk and should have known that being run over was a possibility.” Of course you wouldn’t. This bizarre legal loophole is present in almost no other place in society. If you were in your back yard, hit a baseball over the fence and smashed your neighbor’s window, you would be held liable. Why we think the same logic should not apply to multi-million dollar entities is beyond me.
Sorry, but the sidewalk analogy is a non-starter. It is illegal for cars to drive up onto sidewalks and run over pedestrians. There is a reasonable expectation that cars won’t drive up onto the sidewalk. It is not illegal for a foul ball at a baseball stadium to go into the stands. There is an expectation that it will happen at least once, if not multiple, times. The ball-over-the-fence analogy fails, as well; especially when you add in trespass.
Most people love to sit close to the field in hopes of catching one of those foul balls; I know I do.
I have always been amazed at the “baseball rule.” I don’t know why the MLB has such preferential treatment in the courts. Could you imagine if a fan was killed at a NASCAR event and the courts basically said “tough luck, you knew the inherent dangers?” On top of this, with the amount of money these stadiums generate, I hardly feel bad for the teams, the players or their management. Taking care of their fans should be their top priority. This rule reminds me of the antiquated contributory negligence work comp laws.
That’s how it SHOULD work at NASCAR. You’re sitting in front of cars going over 200MPH that crash regularly. You should expect that you just might get hurt and you accept that risk anyway.
rule should stand as is.
I don’t go lion hunting in Africa, because I don’t wan a lion to eat me.I will not get eaten at home. I will go tho the zoo, but I expect the lion to be caged. I the lion gets out of the cage, because the zoo personal left the gate unlocked, I a suit would be right. If I am forewarned that the lions have the keys to the gate, I am not the one to check the lions pockets. I just will not go to the zoo. If I take the risk, and go to the zoo anyway knowing this I should take some salt, and pepper so as to season me for the lion. get it?
All spectators of sports take a risk of injury and they should always understand they take the risk of injury when watching a sport regardless of distractions.
If a League or team realises that they should set a minimum standard of safety then this should not change the law. The league could internally set penalties if a team does not follow minimum standards but this does not change liability standards.
Buyer beware sports is about pushing extremes to win as second place just means your the first loser.
Phil Mickelson hits about 4 fans a week with his driver shot and signs a glove for the injured fan. Their ticket also waives the right to sue. No one should stand in the landing area on tee shots.
The problem with this will be further encroachment on the fans’ ability to enjoy the game. Ultimately, these types of “safety” measures only increase the amount of insulation between the fans and the game. I am sorry for anyone who gets hurt while watching a baseball game, but I long for the days when people accepted personal responsibility for the risks they took.