Foul Ball Kills Fan at Dodger Stadium

ESPN recently reported that a fan was killed at Dodger Stadium when a foul ball rocketed into the stands during a game last August.  Linda Goldbloom, a 79-year-old lifelong Dodgers fan, was attending a night at the ballpark with her family to celebrate her 59th wedding anniversary.  Sadly, she never made it home.Many people have been asking me about this sad case.  Can a fan pursue legal damages against a Major League team or stadium when a foul ball causes injuries? The questions led me to research an area of law courts refer to as the "Baseball Rule."Every MLB ticket includes a warning that the entrant "assumes the risk" of suffering injuries as a result of foul balls or debris flying into the stands from the field of play.  This "assumption of the risk" argument traces its roots to a 1913 case, Crane v. Kansas City Baseball and Athletics Ass'n.  There, the court held that teams are not responsible for injuries caused by foul balls because fans know that fouls are part of the game, and they have the ability to purchase seats behind protective netting.Virtually every Major League team has been sued for foul ball injuries.  In fact, the Dodgers were sued for this back in 1986.  The Court of Appeal in that case, Neinstein v. Los Angeles Dodgers remarked:‘[t]o permit plaintiff to recover under the circumstances here would force baseball stadium owners to do one of two things: place all spectator areas behind a protective screen thereby reducing the quality of everyone’s view, and since players are often able to reach into the spectator area to catch foul balls, changing the very nature of the game itself; or continue the status quo and increase the price of tickets to cover the cost of compensated injured persons with the attendant result that persons of meager means might be priced out of enjoying the great American pastime.  To us, neither alternative is acceptable.”It can be argued that the Court's concerns in this case are no longer persuasive.  All Major League teams extended their protective netting to first and third base last season in response to a serious foul ball injury that occurred at Yankee Stadium in 2017. MLB made this recommendation, and the concern that the netting might interfere with a player's ability to snatch a foul ball from the stands did not stop its rollout.  Further, ticket prices are increasing year by year, and fans are purchasing tickets in droves nevertheless.  Perhaps it's time for team owners to allocate some of their resources to paying insurance premiums for fans who are injured by foul balls?MLB could take a lesson from some of the Japanese baseball teams. In Japan, protective netting extends all the way to each foul pole.  Ushers blow whistles and shine flashlights on the area where an incoming foul ball will land.  Warning messages are constantly blaring on the jumbotron.  The few seats that are not covered with netting come with batting helmets and baseball gloves to protect the fans.Linda Goldbloom's death is the third recorded death at a MLB game in the past 50 years.  Nevertheless, 1,750 fans are injured by foul balls every season.  Until the courts across the country overrule the outdated 100-year-old baseball rule, fans could continue to be injured by foul balls, with courts dismissing their claims because they assume the risk of injuries.For questions about your case, the Rabbi Lawyer is ready to assist, 24/6.