Spring has sprung. The weather is wonderful, the flowers are blooming and love is in the air. Perhaps most importantly, it is baseball season. There is nothing more American than baseball and mom’s apple pie. Fans flock to the stadiums to watch our national pastime. Many hope to catch a foul ball for a souvenir. Unfortunately, some will make that catch with their left ear or end up with a broken finger. What liability exists for the ball park or the player who hits an offending foul ball that causes injury? 
Photo credit: theseanster93 / Foter / CC BY-SA
Over the years a standard has arisen called “The Baseball Rule.” Simply stated, it says that a spectator assumes the risk of being hit by a foul ball unless he or she is in an unscreened and unprotected area right behind home plate. Spectators need to be alert and protect themselves, even during pre-game activities. In one case, a fan claimed, to no avail, that the ballpark was liable for his injury because he was distracted by the San Diego chicken mascot. That theory laid an egg. The Baseball Rule has been around for a long time and while it has been criticized it has not been overturned, as evidenced by the old case of Edling v. Kansas City Baseball & Exhibition Co., 168 S.W. 908 (Mo. Ct. App. 1914). So, when you go to see the American League Champion Royals this year, stay wary and remember The Baseball Rule. Interestingly, we know of no corollary mom’s apple pie rule. Just kidding, Mom.
