Legal Question in Entertainment Law in California

Can you sue if you accidentally get hit with a foul or home run ball at a professional baseball game?


Asked on 9/02/09, 9:50 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

One could sue for just about anything. Whether the person would win is another question!

You might want to look up the phrase "primary assumption of risk." Because baseball is a spectator sport, part of the excitement is to be where the action is. One of the risks (and benefits) of going to the ballpark is to be in contact with a home run or foul ball. More than likely the batter and team would not be held liable for injury that results. However, whether the stadium operator/owner might be liable for not providing a safer environment is a different question. If the operator/owner had not, for example, put up nets behind home plate, it might be held liable because many foul balls or even bad pitches wind up in the stands behind the catcher. On the other hand, if there are no screens in left field and an occasional home run ball might land in the bleachers, that might be something different.

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Answered on 9/03/09, 2:05 am
Keith E. Cooper Keith E. Cooper, Esq.

Probably not, because most sports venues put notices on their tickets (did you read the back of yours?) and signs around the entrances that say by entering you assume any risks. This may not hold up, however, if the venue owners did not take proper precautions. If you are seriously injured, speak with an attorney who can give you personal advice about your specific situation.

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Answered on 9/04/09, 2:33 am


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