Who Is Responsible for Fan Safety at a Baseball Game?

Spending a day at the ballpark cheering for your favorite team is one of the best ways to pass the time. Though catching the home run hit is a goal for most fans, it can also be a life-changing incident. Many people suffer injuries from getting hit with balls or bats at baseball games. Due to the multiple parties involved in the event, determining liability can be difficult.

Assumption of Risk

When a fan decides to attend a baseball game, he or she is accepting the possibility of getting hit with a ball or bat. Baseball leagues or facilities can defend a personal injury lawsuit by claiming that the victim chose to put him or herself at risk by attending the game. Assumption of Risk, the legal term for the concept, outlines that anyone who willingly involves him or herself in a dangerous activity assumes the risk of suffering an injury during the activity.

For example, if a baseball fan gets hit in the head with a foul ball and suffers a head injury, the baseball league, team, and facility could argue that he or she was aware of the danger and chose to risk it by coming to the game.

There are certain exceptions to the Assumption of Risk rule. The theory is only relevant if the injury occurred during regular activities. The fan can only assume risks that he or she would expect at a sports game. For example, if a baseball player is celebrating after a play and throws a ball into the stands, assumption of risk would not shield the player and team from a lawsuit because the injury resulted from abnormal activity.

Potential Liable Parties

For fan injuries at baseball games, there are multiple potential liable parties. One of the possible responsible parties are the owners of the premises. They are in charge of making sure that the property is reasonably safe for all guests. An injury caused by a dangerous condition on the property would most likely fall under premises liability law.

The security teams that oversee baseball games could also be responsible. They have a duty to keep each fan safe from violence. If a fight breaks out and the security teams neglect to stop it, they could be partially liable for injuries.

The court could also find individual baseball teams responsible for injuries. Individual teams are in charge of making sure that the netting behind home plate is secure and strong. The league provides each team with advice and recommendations about netting, but the final decision is up to the team. If someone suffers an injury because the netting breaks or develops a hole, the team could be liable.

Disclaimers

Most baseball teams put disclaimers on the back of the tickets that state a person’s assumption of risk. Many people do not pursue claims because of the disclaimers. However, disclaimers do not relieve an organization of liability. Disclaimers can reduce the responsibility, but an injured person can still receive compensation if the organization was negligent in some way.

Possible Compensation

If the court determines that another person or organization is liable for your injury, it may order the guilty party to compensate you. The defendant may need to compensate you for:

• Past and future medical expenses
• Pain and suffering
• Lost wages and reduced earning capacity

Texas Comparative Fault

Texas courts adhere to the comparative fault rule. If the court determines that you were partially responsible for your injury, it can reduce your compensation. For example, if it determines that you were 20% responsible for the incident, the court would reduce your overall compensation by 20%. You can still receive compensation as long as you were less than 50% at fault for the incident.