The railing was “only 30 inches tall. The lawsuit says that height is 12 inches short of the industry standard.” If that’s the case, I don’t think the team has a guardrail to lean on (like ‘leg to stand on?’ eh? eh? no. that was weak. I’ll make a better pun next time!)
As an FYI, the gentleman that died was a respected insurance broker in the metro Atlanta area (his sons are also in the business). I did not know him or his family personally. While I wasn’t able to find any follow up re: toxicology reports, the gentleman sitting next to him said he was not drunk. He was standing before he fell, but it is interesting to note: he was in the second row of the upper deck. It may be money hunting or it may be that the railings should be higher.
Atlantian, according to the recent stories citing the toxicology report he was legally intoxicated, with a BAC of.104. Depending on the person that isn’t super drunk, especially for something like watching a game. This is tragic regardless. Looking at pictures of the railings higher ones would block the view, but they are clearly too low now.
It is odd he fell from the second row. He was reportedly heckling A-Rod and fell. It’s sad all the way around.
Perhaps reaching for a foul ball? I don’t know, but 30 inches is 2 1/2 feet high. One would think that is adequate, but if a fan was drunk, perhaps not.
One may think that, but one would be 100% wrong. “The lawsuit says that height is 12 inches short of the industry standard.” 30 inches is less than 42 inches — plain and simple, that’s illegal regardless of what height you think is adequate.
Word parser Supreme on every article. I say Ying, you say yang on every single one. Is your mommy proud of you? Get yourself a yardstick and use some common sense. Aren’t you the one who opposed screens down the first and third base lines for wicked foul balls? Many people get hurt every year on those.
Please elaborate on your negative use of “word parser” in the context of this discussion. You said “one would think 30″ is adequate” and I pointed out the law is they needed to be 42″.
It’s a lawsuit – let’s focus on if the ballclub failed to adhere to the regulations and holds negligence or not. It doesn’t matter if the law says they have to be 500″ high – it’s law and that’s the height the ballclub needed to make the railings. After all, I’m 100% sure the judge and jury won’t care what Joe Schmo in TX believes the right height should be even if you file it as an Amicus Brief.
And no – I did not advocate for no screens. I simply said between the language on the back of the ticket, all the signs in the stadium, and the in-stadium announcer reminding people balls and bats can come hurtling toward you, attendees shouldn’t be able to sue if they get hit with a ball or bat because they were adequately warned about the peril/risk.
April 27, 2016 at 3:05 pm
Ron says:
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Agent,
You said, “I say Ying, you say yang on every single one.” That is because Rosenblatt is always right and you are always wrong when he challenges you.
April 27, 2016 at 3:56 pm
Get your facts straight... says:
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Before we declare it illegal, what is the legal height? “Industry standard” may just mean that’s the average or “normal” height. Does anyone know?
I don’t live/work in GA, but my quick search found that GA uses IRC which says that, “IRC codes require a railing no less than 36″ tall for any potential fall greater than 30″”
While that is solely for residential buildings, I’d posit that the commercial codes would not have a shorter height requirement for railings.
Yes: the Braves are building their own stadium, so they will no longer have to rent from the City.
One might also wonder what the “industry standard” was for safety rails at the time Turner Field was built, and if it has been retrofitted since then. A lot of variables that might have an impact on this case.
And no, I don’t live in Atlanta, but I was there a couple of years ago and toured the stadium.
The railing was “only 30 inches tall. The lawsuit says that height is 12 inches short of the industry standard.” If that’s the case, I don’t think the team has a guardrail to lean on (like ‘leg to stand on?’ eh? eh? no. that was weak. I’ll make a better pun next time!)
Even if the railing was 50 inches tall, they would still sue saying it needed to be taller. It’s all about money hunting at this point.
Agreed
As an FYI, the gentleman that died was a respected insurance broker in the metro Atlanta area (his sons are also in the business). I did not know him or his family personally. While I wasn’t able to find any follow up re: toxicology reports, the gentleman sitting next to him said he was not drunk. He was standing before he fell, but it is interesting to note: he was in the second row of the upper deck. It may be money hunting or it may be that the railings should be higher.
Atlantian, according to the recent stories citing the toxicology report he was legally intoxicated, with a BAC of.104. Depending on the person that isn’t super drunk, especially for something like watching a game. This is tragic regardless. Looking at pictures of the railings higher ones would block the view, but they are clearly too low now.
It is odd he fell from the second row. He was reportedly heckling A-Rod and fell. It’s sad all the way around.
Alcohol?
Perhaps reaching for a foul ball? I don’t know, but 30 inches is 2 1/2 feet high. One would think that is adequate, but if a fan was drunk, perhaps not.
One may think that, but one would be 100% wrong. “The lawsuit says that height is 12 inches short of the industry standard.” 30 inches is less than 42 inches — plain and simple, that’s illegal regardless of what height you think is adequate.
Word parser Supreme on every article. I say Ying, you say yang on every single one. Is your mommy proud of you? Get yourself a yardstick and use some common sense. Aren’t you the one who opposed screens down the first and third base lines for wicked foul balls? Many people get hurt every year on those.
Please elaborate on your negative use of “word parser” in the context of this discussion. You said “one would think 30″ is adequate” and I pointed out the law is they needed to be 42″.
It’s a lawsuit – let’s focus on if the ballclub failed to adhere to the regulations and holds negligence or not. It doesn’t matter if the law says they have to be 500″ high – it’s law and that’s the height the ballclub needed to make the railings. After all, I’m 100% sure the judge and jury won’t care what Joe Schmo in TX believes the right height should be even if you file it as an Amicus Brief.
And no – I did not advocate for no screens. I simply said between the language on the back of the ticket, all the signs in the stadium, and the in-stadium announcer reminding people balls and bats can come hurtling toward you, attendees shouldn’t be able to sue if they get hit with a ball or bat because they were adequately warned about the peril/risk.
Agent,
You said, “I say Ying, you say yang on every single one.” That is because Rosenblatt is always right and you are always wrong when he challenges you.
Before we declare it illegal, what is the legal height? “Industry standard” may just mean that’s the average or “normal” height. Does anyone know?
I don’t live/work in GA, but my quick search found that GA uses IRC which says that, “IRC codes require a railing no less than 36″ tall for any potential fall greater than 30″”
While that is solely for residential buildings, I’d posit that the commercial codes would not have a shorter height requirement for railings.
Was he a “brave” man?
Doesn’t the city own Turner Field? Shouldn’t it be a defendant as well as, or maybe even instead of, MLB?
I believe I saw an article not long ago that Turner field was going to be replaced by a new stadium soon.
Yes: the Braves are building their own stadium, so they will no longer have to rent from the City.
One might also wonder what the “industry standard” was for safety rails at the time Turner Field was built, and if it has been retrofitted since then. A lot of variables that might have an impact on this case.
And no, I don’t live in Atlanta, but I was there a couple of years ago and toured the stadium.