Catching a pop fly at a Major League game is a dream for many fans. Every season, thousands of people lean over railings, wave their arms, and call out to players, hoping to take home a souvenir. Most people never stop to think about what happens if that moment goes wrong. That exact situation plays out in MLB games often. Here’s an example of one. A fan asked a player to throw them a baseball. The player tosses the ball into the stands; the fan misses the catch, and it strikes them in the face, causing injuries. The injuries are serious, but the legal question is: Can the fan successfully sue? A Painful Moment in the Stands According to the facts of the case, the fan allegedly called to the player and asked for the ball. The player threw it toward them. The fan missed the catch, and the ball hit them in the face, causing facial injuries. The fan later pursued a legal claim, arguing the ball had been thrown too hard. When analyzing a case like this, one key question is whether the risk was one the fan could have reasonably anticipated. Understanding Assumption of Risk A legal issue in situations like this is the doctrine of assumption of risk. Generally speaking, when people participate in activities that involve known and foreseeable dangers, they may be considered to have accepted those risks. Sporting events are one of the common examples. The argument goes: Fans know foul balls can enter the stands during baseball games, or basketball players may dive into seating areas while chasing loose balls. Injuries can happen as a result. Courts often evaluate whether the injury was reasonably foreseeable to someone in the injured person’s position. If the answer is yes, establishing liability becomes much more difficult. Why the Claim May Fall Short Every case has to be examined in detail to determine who is at fault. For example, if the fan asked the baseball player to throw the ball, then arguably their claim is more challenging because they assumed the risk of the ball being thrown. If a fan did not ask for the ball to be thrown or if the player threw a fastball at their head, then you may be able to get around assumption of risk defense. It is a fact intensive inquiry! He Called for the Ball, Missed the Catch, and Broke His Nose. WAS ANYONE LIABLE?
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opens it. Then he strolls into the room to inspect what’s going on. He’s a classic Yorkie in that sense. He’s always walking the perimeter, making sure he knows exactly what’s happening everywhere. Nothing seems to get past him. Frida is a goofball. She’s still got a lot of puppy energy and loves to run around and play. She’s known to get moving so fast that she’ll practically fall face-forward in the middle of the action. She’s also a bit of a scaredy-cat. (Don’t tell her I said that.) While Pollock is busy protecting the property’s borders, Frida usually hangs back and lets her brother handle security. She’s perfectly content letting him take the lead while she watches from a safe distance. Together, they make a pretty entertaining team. They’ve also helped bring a little more peace to our household. Before Frida came along, our two daughters would regularly argue about who got to hold Pollock and for how long. Once we added a second dog to the family, each daughter had a companion of her own. Having two dogs has meant one less sister fight for us to deal with, which is always a win! National Mutt Day celebrates the mixed-breed dogs that bring so much joy to families across the country, and Pollock and Frida certainly fit that description. They’re rescue dogs, loyal companions, office
greeters, and sweet little members of our family. Around the firm, though, they’re known for something else entirely. They’re definitely the firm’s mascots.
- Alex Weatherby
404-689-1287 · WeatherbyLawFirm.com · 3
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