Spectators’ injury lawsuits against ballclubs face legal hurdles such as the Baseball Rule – Chicago Tribune
Juanita DeJesus never saw the ball coming.
DeJesus was sitting along the first base line at a 2009 minor-league baseball game in Gary, Ind., when an infield fly struck her in the face just as she looked up to spot the ball. The impact broke several bones in her face and resulted in permanent blindness in her left eye.
Her injuries were strikingly similar to those recently suffered by John “Jay” Loos, a Schaumburg man who filed a negligence lawsuit against the Chicago Cubs this week after also being blinded in his left eye when he was hit by a foul ball while sitting in an seat down the first base line in the outfield at Wrigley Field in late August.
“I had no idea that you were subjected to such missiles and the rate of speed that a ball can come into the stands,” Loos, 60, told reporters Monday. “In the stands, you know, you are sitting behind the plate, you can’t tell when the ball is contacted, you can’t tell where the ball is going, you can’t tell the rate of speed it’s going until it’s on top of you.”
But like DeJesus, whose lawsuit was dismissed outright by the Indiana Supreme Court in 2014, Loos faces long odds of winning in court. Not only have judges across the country thrown out such lawsuits, but Illinois is one of four states where the legislature enshrined into law the so-called Baseball Rule, which absolves stadium owners of liability so long as an adequate number of seats — largely in the area looking onto home plate — are behind protective netting. Fans who sit elsewhere are presumed to have willingly assumed the risk of being hit by a ball or bat, according to the rule, which is now more than a century old.
The debate over increased safety — versus fans enjoying unobstructed views and the chance to catch a souvenir foul ball — was reignited in September when a little girl was hit by a rocketing foul ball at Yankee Stadium, prompting Major League Baseball’s commissioner Rob Manfred to say the league is looking again at extending protective netting.
“The events at yesterday’s game involving a young girl were extremely upsetting for everyone in our game,” Manfred said in a statement, adding: “we will redouble our efforts on this important issue.”
In 2015, the league issued recommendations that ballparks have protective netting between the dugouts for any field-level seats within 70 feet of home plate. Those recommendations prompted the Cubs to extend the netting out that distance at Wrigley Field before the 2016 season, a Cubs spokesman has said.
The team’s president of business operations, Crane Kenney, told WSCR-AM “670 The Score” last month that the Cubs would add at least 30 more feet of netting before next season as Wrigley Field renovations move the dugouts farther down the foul lines. Last year the White Sox also extended netting at Guaranteed Rate Field.
Beyond the Baseball Rule, there are other legal obstacles as well, including difficulty proving spectator injuries are so commonplace that the courts should intervene. Last year, a federal judge in California threw out a class-action lawsuit against MLB filed by two fans who argued protective netting should be strung up along the entire length of the foul lines at all stadiums. The judge ruled that the plaintiffs had failed to show they and any other fans faced enough risk of injury to give them legal standing to sue.
In Loos’ case, his attorney argues there are two exceptions in the law that could allow them to win the lawsuit. He hopes to convince a judge that the MLB isn’t covered by Illinois’ stadium owner liability law and that the Cubs’ conduct in failing to install netting was reckless — both high hurdles. Another injured fan who alleged the Cubs recklessly removed netting behind home plate in 1992 to make way for skyboxes saw his case dismissed, records show.
“It’s obvious that the Cubs have known people are being seriously injured — it’s happened there before,” said Loos’ attorney Colin Dunn. “It’s at least going to be a jury question as to whether this was willful and wanton conduct.”
But Dunn indicated the case may get settled. “I got a feeling that they want to talk to us,” he said of the Cubs, who he reached out to before filing suit. “They do care about their fans. I’m hopeful that they’ll do the right thing.”
A Cubs spokesman declined to comment but directed a reporter to the statement issued by the team Monday that said “the safety of our fans is paramount to a great game day experience.”
It’s not publicly known whether these types of injuries are on the rise, though the class-action lawsuit alleged that they likely were as pitching speeds go up and batted balls travel faster. A 2003 study found that about 35 fans were injured by foul balls per 1 million spectator visits to major-league stadiums.
The risks of being hit by an errant ball or broken bat are low, according to lawsuits filed against other major-league teams over injuries. But the injuries they cause can be catastrophic, especially to children. A 7-year-old Cubs fan attending his first baseball game at Wrigley Field in 2008 was left with a fractured skull and swelling around his brain after being hit in the head by a line drive, the Tribune reported. There are no records indicating the family ever filed a lawsuit.
The Atlanta Braves reportedly settled a lawsuit recently filed by the father of a 6-year-old girl whose skull was fractured by a line drive in 2010.
But in an aside in her ruling to toss a California class-action lawsuit, the judge questioned why the league hadn’t done more to mitigate the danger to its youngest fans. “Why Major League Baseball, knowing of the risk to children in particular, does little to highlight this risk to parents remains a mystery,” wrote Oakland U.S. District Judge Yvonne Gonzalez Rogers in her ruling throwing out the class-action lawsuit over protective netting.
In 2014 a Bloomberg Businessweek report found that about 1,750 spectators are injured annually by baseballs that fly into the stands. Around 73 million people attend major-league games each year.
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