When it comes to baseball and other spectator sports, courts have generally held that stadium owners have only a limited duty to protect vulnerable sections of fans from flying balls, bats, pucks or other game-related objects. For the most part, it has been found fans assume the risk of injury when they are hit by a foul ball or a hockey puck.
The idea is that if a fan chooses to sit in those closer seats, he or she assumes the risk of being struck by a flying object, and therefore has a duty to pay close attention to what’s happening so as to react quickly and prevent injury to themselves.
But a series of serious injuries suffered to sports fans in recent years has prompted a class action lawsuit that seeks to expand stadium owner duties of care and improve safety for those who patronize professional sports.