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Irregular News for 9.15.05
The New Jersey Supreme Court has ruled that baseball fans have the right to sue if they are struck by a foul ball outside the seating area of a stadium.
The Newark Star-Ledger notes that the decision gives fans greater legal protection when they leave the stands and "understandably let down their guard" from watching the game.
Minor league baseball owners predicted the ruling would mean higher ticket prices and fewer chances to catch foul balls at New Jersey's eight minor-league baseball stadiums.
The 5-2 decision upheld an appellate court ruling that Louis Maisonave of Newark can sue the Newark Bears and its concessionaire, Gourmet Dining, for injuries he suffered while attending a game at Bears and Eagles Riverfront Stadium in August 1999.
Maisonave was struck in the eye by a foul ball while waiting to purchase a beer at a vending cart.
Frank Boulton, CEO of the Atlantic League, which includes the Bears and three other New Jersey teams, told the Star-Ledger that the ruling could force teams to put up more netting, and that will mean fewer chances to catch a foul ball.
Justice James Zazzali said because foul balls are a part of baseball, teams deserve some protections against lawsuits. They cannot be sued, he said, if they have screened the most hazardous areas of the stands -- such as behind home plate.
But Zazzali said teams should not be protected from lawsuits once fans leave the stands and enter other areas of the stadium, such as "concourses and playground areas."
“Once the fan has disengaged him- or herself from the activity on the field and has left the stands, that individual is no longer trying to catch foul balls or even necessarily watching the game," Zazzali wrote.
Full Story
The New Jersey Supreme Court has ruled that baseball fans have the right to sue if they are struck by a foul ball outside the seating area of a stadium.
The Newark Star-Ledger notes that the decision gives fans greater legal protection when they leave the stands and "understandably let down their guard" from watching the game.
Minor league baseball owners predicted the ruling would mean higher ticket prices and fewer chances to catch foul balls at New Jersey's eight minor-league baseball stadiums.
The 5-2 decision upheld an appellate court ruling that Louis Maisonave of Newark can sue the Newark Bears and its concessionaire, Gourmet Dining, for injuries he suffered while attending a game at Bears and Eagles Riverfront Stadium in August 1999.
Maisonave was struck in the eye by a foul ball while waiting to purchase a beer at a vending cart.
Frank Boulton, CEO of the Atlantic League, which includes the Bears and three other New Jersey teams, told the Star-Ledger that the ruling could force teams to put up more netting, and that will mean fewer chances to catch a foul ball.
Justice James Zazzali said because foul balls are a part of baseball, teams deserve some protections against lawsuits. They cannot be sued, he said, if they have screened the most hazardous areas of the stands -- such as behind home plate.
But Zazzali said teams should not be protected from lawsuits once fans leave the stands and enter other areas of the stadium, such as "concourses and playground areas."
“Once the fan has disengaged him- or herself from the activity on the field and has left the stands, that individual is no longer trying to catch foul balls or even necessarily watching the game," Zazzali wrote.
Full Story