Going, Going ... Gone! Exploring the Shift Toward Increasing Spectator Protection at Major League Baseball Games

Abstract

Fan injuries at Major League Baseball games have been an issue for more than a century. Courts have heavily relied on stare decisis in deciding cases involving fans injured by foul balls, but have largely ignored the ever changing realities of the game. Players are bigger, faster, stronger, and bats shatter with an increasing risk of harm. Through the prevalence of cell phone use — and stadiums maximizing the technological and theatrical aspects of attending a baseball game — fans are routinely and deliberately distracted during play. Despite this, fans that are injured have little to no recourse through the judicial system because of the assumption of the risk doctrine and the accompanying “baseball rule.” Some states have enacted legislation giving even greater protection to stadium operators. Historically, Major League Baseball has been reluctant to alter its approach on fan protection as the game is rooted in a tradition that is difficult to change. However, with a new commissioner and several high profile incidents in the most recent season, Major League Baseball has revised its stance and the commissioner introduced increased netting protection recommendations. Although the policy was not a league-wide mandate, the introduced guidelines have been instituted by the owners. However, this has not sufficiently stopped injuries from occurring. Consequently, alternative remedies — such as further expansion of the netting, reworking the legal standard for recourse, or a baseball arbitration system for fans — are necessary to lessen or eradicate the impact of the archaic baseball rule that governs fan injury litigation today.