You are with your girlfriend at the baseball game. The foul ball
is coming toward you and it is your great chance to impress. You
have your Mickey Mantle mitt that your dad gave you. The ball is
coming, takes a weird turn and hits you on the head. In addition to
your machismo being wounded, you have a concussion, have to leave
the game under escort and see your girlfriend flirting with the guy
next to her as you depart. Can you sue?
You assumed the risk of this happening by going to the game.
Your ticket likely has legalese to that effect, but even in
the absence of such language, courts have said that the exposure to
the foul ball is just part of the grand old game.
Last season, a lawyer in the Bay Area filed suit against the Oakland As alleging
that there should be netting throughout the stadium and not just
behind the plate. The retort is not to mess with the game and put
the risk on the customer. Based on tradition and case law, I am
betting on the As.
