Liner Notes

Errant balls are a stadium owner's responsibility if fans are presented with too many distractions.

Almost since the beginning of organized baseball, the courts have been asked to determine what duty owners and operators of baseball stadiums owe to people attending the games. In ruling that spectators generally assume the risk of injury when they attend a game, the courts have traditionally held that the danger of errant balls is common knowledge. However, while it may be well established that spectators sitting in unscreened seats assume the risk of injury caused by errant balls, the duty stadium operators owe patrons who leave their seats to purchase food or other merchandise is not as clear. An example of the issues raised in such cases is Maisonave v. the Newark Bears Professional Baseball Club [881 A.2d 700 (2005)]. During a baseball game at Newark, N.J.'s Riverfront Stadium, the Bears' home field, Louis Maisonave left his seat to purchase concessions on the stadium's mezzanine, which is an open walking area exposed on one side to the baseball field. While standing in line, Maisonave was struck in the right eye by a batted ball, causing serious facial injuries.

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