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.

On Aug. 13, 2008, Rountree and his family watched a Boise Hawks baseball game from behind a protected area at Memorial Stadium. (Most areas of Memorial Stadium are, in fact, protected by 30-foot-high mesh netting.) However, he later went to the "Executive Club" - one of the stadium's few unprotected areas, where there are no signs warning of the dangers of being struck by a foul ball. Rountree admitted that while he was in the Executive Club, he stopped paying attention to the game until he heard a roar from the crowd; when he turned around to see what was happening, he was struck in the face by a foul ball. He subsequently lost his eye.

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