The 'Baseball Rule' - Not the Rule in Idaho

A sweeping decision by a unanimous Idaho Supreme Court has called into question the future of the well-known "baseball rule," which for generations has insulated stadium owners and operators from liability for claims by spectators injured by errant bats and balls. In its ruling for plaintiff Bud Rountree, the court also held that primary or secondary assumption of the risk is not a defense except in a situation involving express written or oral consent, signaling that the baseball rule may be giving way to a duty of care based on traditional negligence principles.

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