June 10, 200421 yr http://sports.yahoo.com/mlb/news?slug=ap-i...ov=ap&type=lgns Woman seriously injured by foul ball at Fenway Park cannot sue Red Sox, appeals court rules June 10, 2004 BOSTON (AP) -- A woman who was seriously injured by a foul ball at Fenway Park has no grounds to sue because she assumed a risk by attending the baseball game, a state appeals court ruled. The Red Sox ``had no duty to warn the plaintiff of the obvious danger of a foul ball being hit into the stands,'' the court said Wednesday in blocking Jane Costa's personal injury lawsuit from going to trial. The three-member panel said that even someone with scant knowledge of baseball should realize that ``a central feature of the game is that batters will forcefully hit balls that may go astray from their intended direction.'' Costa, who was injured in 1998, sued the team for $486,909 in lost wages and medical expenses. She had been sitting about 20 rows behind the Red Sox dugout when Boston's Darren Lewis hit the foul ball. Costa had to undergo reconstructive surgery that installed eight plates in her face, said her lawyer, James R. Burke. According to court documents filed by Burke, an expert calculated that the ball was traveling about 90 mph when it struck Costa about 141 feet from home plate. ``I'm more than angry. I was in critical condition,'' Costa told The Boston Globe. She said Red Sox management and players are ``bickering over millions and millions of dollars to hit a ball, and when one of their fans get hurt, they don't care.'' According to Red Sox officials, three to four dozen patrons each season are injured by foul balls. Ridiculous lawsuit. It was an unfotunate accident...nothing more.
June 10, 200421 yr Get a life, lady, and watch the game. I'm sorry you got hit; but everyone knows the possibility exists of balls and bats ending up in the seats.
June 10, 200421 yr It's good that there's something in our law system that works. No way should this lady be able to sue, that's part of the game.
June 10, 200421 yr I agree there is no basis for litigation – the finepring on your ticket tells you foul balls annd broken bats are a hazard of viewing the game. At the same time, I wonder if she had not been in legal attack mode in approaching Fenway and the organisation, maybe they would have been more sympathetic and helped with some of the expenses. If she had been hit by a markee player he might have paid for some of the expenses on his own – not out of legal obligation or even guilt necessarily (stuff happens), but out of compassion and because they would be in financial position to do so. In all honesty, the amount she was asking for was not frivolous lawsuit-typ money – 3 million dollars because I spilled hot coffee on my lap or I ignored 30 years of cigarette warnings and now I'm dying. $500K is a reasonable claim for medical expenses and lost wages, but again I agree the organisation should be under no legal obligation to pay anything. Being the litigous society we are, I doubt this is the end of this case.
June 10, 200421 yr sorry she's one of the very few that get seriously injured but that's the risk you assume...
June 10, 200421 yr I agree with the courts decision. But just a reminder. You can print whatever you want on the back of the ticket, but it has to be within the law. If for example, I am knowingly operating a faulty carnival ride and print on the ticket you assume all risks, I can still be sued and I would lose. Using the ball park as an instance. If Fenway decided to take down the net behind homeplate, and someone was hurt and sued, The Red Sox would probably lose the law suit. Another example, what if she was screened by an opera singing beer vendor who she asked to move away? Now is the team negligent? The organization cannot allow a hazard and hide behind a disclaimer. If they can be found to be negligent, the courts may decide in their favor.
June 10, 200421 yr Then hypothetically a net should surround the entire field No, it was determined that foul balls in that area came too quickly and at such speed, that a club would be negligent if they did not protect their patrons. Same thing with hockey, why have the plexiglass above the boards? As was properly ruled (IMHO) where she was sitting she should have had ample time to move out of the way. There are acceptable levels of risk we take. Like the judge ruled this was the risk she took in coming to a game and sitting in those seats. I was pointing out that just printing a warning on the ticket does not absolve the park from all responsibility.
June 10, 200421 yr I'm assuming that she wasn't paying attention to the game. If you get hit that hard by a Darren Lewis foul ball you weren't watching the game. Darren Lewis is no Mark McGwire when it comes to bat speed. She probably came to the game to chat with her friends, talk on her cell phone and read a novel. If she was paying attention, she could have gotten out of the way.
June 10, 200421 yr I'm assuming that she wasn't paying attention to the game. If you get hit that hard by a Darren Lewis foul ball you weren't watching the game. Darren Lewis is no Mark McGwire when it comes to bat speed. She probably came to the game to chat with her friends, talk on her cell phone and read a novel. If she was paying attention, she could have gotten out of the way. Then explain why the greatest players in baseball sometime mis-judge a ball and commit an error? Foul balls are generally curving and if you do not have experience with thrown or batted balls, you may actually dive into a ball in trying to get out of the way.
June 10, 200421 yr Author Then explain why the greatest players in baseball sometime mis-judge a ball and commit an error? Foul balls are generally curving and if you do not have experience with thrown or batted balls, you may actually dive into a ball in trying to get out of the way. Always the devils advocate Tex.
June 10, 200421 yr This lady needs to read tickets. off a sox ticket " The holder assumes al risk and danger incidental to the game, whether occurring prior to, during, or subsequent to the actual playing of the game, including specifically (but not exclusively), the danger of being injured by thrown bats and thrown or batted balls, and agree that CWS, Visitor, MLB, their respective owners, shareholders, partners, agents, players, officers, directors, contractors and employees are not liable for injuries resulting from such causes."
June 10, 200421 yr Always the devils advocate Tex. Just pointing out that dodging a baseball at 90 mph, which was the estimated speed, isn't as easy as some would think. From the report I read, she saw the ball, and tried to get out of the way. And just because a business makes you sign a waiver, doesn't allow them to be negligent.
June 10, 200421 yr It can curve all it likes.. but if you duck down, it can only hit you in the ass..
June 10, 200421 yr This lady needs to read tickets. off a sox ticket " The holder assumes al risk and danger incidental to the game, whether occurring prior to, during, or subsequent to the actual playing of the game, including specifically (but not exclusively), the danger of being injured by thrown bats and thrown or batted balls, and agree that CWS, Visitor, MLB, their respective owners, shareholders, partners, agents, players, officers, directors, contractors and employees are not liable for injuries resulting from such causes." Courts have ruled time and again that a business can still be held liable if it can be proven they are negligent. In this case, clearly they were not. However, if there had been other mitigating circumstances, they might have been. IIRC one such case that was won by the fan was a minor league game when the fan was screened out by a vendor. The court ruled the vendor was partially responsible for the injury since the fan was subjected to a greater risk. This disclaimer, for example, does not allow a player to walk up and throw a bat at you As long as the stadium takes all usual and customary precautions they are safe. If they are negligent they are not. And we all are better off for it. John Daley, in an exhibition round, drunkenly turned and sailed a tee shot directly over some fans standing 15 yards away. If he had hit anyone you can bet he, the PGA, and others would have been found negligent. You do not have to give up your rights to attend a ball game. Our laws attempt to protect us from negligence.
June 10, 200421 yr yeah i understand that cause hen it would be assault charges on the player but in this instance what happened was part of the game. and if they were to put up nets all around the satdium to protect the people then fans would complain like no other so the stadium is doin what the fans want. if you dont wanna risk gettin hit by a ball dont go to the game
June 10, 200421 yr yeah i understand that cause hen it would be assault charges on the player but in this instance what happened was part of the game. and if they were to put up nets all around the satdium to protect the people then fans would complain like no other so the stadium is doin what the fans want. if you dont wanna risk gettin hit by a ball dont go to the game I agree 100%. There are seats further away from the action she might have been more comfortable sitting in.
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