The Ballpark Netting Debate Is Back
Last Wednesday, Cubs outfielder Albert Almora Jr. hit a foul ball. That is not an unusual occurrence at a baseball game, except that this particular foul ball hit a four-year-old girl in the stands. Almora, quite understandably, was visibly shaken.
Check this out! It was a SCARY & JARRING moment @MinuteMaidParks last night during #Cubs–#Astros game, when a 4 YO girl was hit by a foul ball! It happened when Cub's player, Albert Almora Jr. hit a foul line drive into the stands. Fortunately, she's OK. #khou11 #htownrush pic.twitter.com/xvrxwmV5c5
— Michelle Choi (@MichelleKHOU) May 30, 2019
Unsurprisingly, the incident ignited another round of debate over a topic we first discussed last year: protective netting at ballparks. Brian Johnson, a former major league catcher and current scout for the San Francisco Giants, told CNN’s Jeff Pearlman that the existence of seats without netting is like building cars without seat belts. But, as we discussed last year, the law doesn’t see it that way:
As explained in the Restatement [of Torts], there exists in the law a doctrine called “assumption of the risk.” In the context of baseball, that basically means that if you sit in an area without protective netting and you know it’s a possibility that a foul ball might come your way, you can’t sue the team for getting injured by that foul ball. As one court put it in a case called Edward C. v. City of Albuquerque, a fan ‘must exercise ordinary care to protect himself or herself from the inherent risk of being hit by a projectile’ — even if that projectile is traveling upwards of 100 mph.
There’s a really excellent write-up on this that you can read here. In short, however, this “baseball rule” represents the majority rule in the United States. If a foul ball comes your way at a ballpark, the law basically says you should have seen it coming. You’ll probably find language on your ticket saying you assume the risk of injury by foul ball, like the Yankees have on theirs.
