I have written in the past about several major league baseball franchises extending the netting behind home plate in an attempt to protect fans from foul tips and broken bats. According to ESPN, the Toronto Blue Jays are extending the protective netting at Rogers Centre to the outfield end of each dugout this season and increasing the height of netting behind home plate by approximately 10 feet, to 28 feet. Ten other franchises have previously extended the netting in recent seasons and Toronto is one of eleven other teams to announce the extensions for the 2018 season.
It is interesting to see this move by major league baseball. As I have written in the past, when a fan buys a ticket to a major league game, the ticket includes a waiver that exempts the teams from liability due to injuries from errant balls and bats flying into the stands. This also includes a flying hot dog that injured a man’s eye at a Kansas City Royals game several years back. A Missouri appeals court concluded that this waiver of liability included an errant hot dog that flew from a launcher sent out to fans that injured a man.
At a 2016 game in Tampa, who had also recently extended their nets, a foul tip actually flew through the netting and injured a fan. It is unclear whether a lawsuit was filed in that case, but I believe it could have been argued that the Tampa organization could have been held liable because they actually created the dangerous condition by not providing a sufficient protection when the ball flew through the net. Or in the alternative could argue that the netting was defective.
Regardless, it is encouraging to see a majority of the major league baseball teams take necessary steps to protect their fans.
If you or someone you love has been seriously injured in Chicago personal injury accident or a Chicago workers compensation accident, then please call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.