Wednesday, February 27, 2013

AP: Injured Baseball Fan Wins Court Battle, Can Proceed With Lawsuit Against Boise Hawks

Posted By on Wed, Feb 27, 2013 at 9:09 AM

The Idaho Supreme Court has struck out something called "The Baseball Rule"—an argument used in other states to protect stadium owners from lawsuits from fans injured by thrown or batted balls.

The Associated Press' Rebecca Boone reports this morning that Idaho's high court decided not to impose the rule, allowing a lawsuit to proceed from a man who was injured while attending an August 2008 Boise Hawks game. Bud Roundtree, who attended the game with his wife and grandchildren, lost an eye in an injury casued by a foul ball. Roundtree said he was talking to someone in an area of the stadium that was not protected by mesh netting. Roundtree sued the Hawks, the stadium owners and others, alleging negligence, according to the AP.

The defendants argued that "The Baseball Rule," which has been successfully used in Massachusetts, New York and Michigan court cases, protected them, but a unanimous decision from the Idaho Supreme Court said Idaho lawmakers had not created such a rule and the team and stadium owners could not get blanket protection from liability by printing a disclaimer on a ticket stub.

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