Idaho Lets Man Sue Over Foul Ball Injury

Thursday, February 28, 2013

An Idaho man who was hit by a baseball at a 2008 minor league game and lost an eye is challenging the back-of-ticket legal waiver: "The holder assumes all risk and dangers incidental to the game of baseball including specifically (but not exclusively) the danger of being injured by thrown or batted balls." The Idaho Supreme Court is allowing Bud Rountree's negligence suit against the Boise Hawks and the stadium owner though other jurisdictions have thrown out similar cases. The court ruled, "Whether watching baseball is inherently dangerous, and the degrees of fault to be apportioned to Rountree and Boise Baseball, are questions for the jury."

Posted by rcade at 09:31 PM | 11 COMMENTS | permalink | Comment on This Entry |

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rcade

Joined 2003/04/04
Visited 2013/05/21

Status: editor

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Foul balls can be treated with a little soap and talcum powder.

#1 | Posted by Diablo at 2013-02-28 09:34 PM | Reply | Flag:

Who da hoe?

#2 | Posted by rearendhat at 2013-02-28 09:56 PM | Reply | Flag:

Too bad this injury will keep him out of the militia.

#3 | Posted by northguy3 at 2013-02-28 10:47 PM | Reply | Flag:

Well, he kept his eye on the ball.

#4 | Posted by Harry_Powell at 2013-02-28 11:45 PM | Reply | Flag:

Interesting case.

Contracts are routinely loaded with unenforceable terms.

I suspect the risk-assumption waiver has been essentially ironclad, so does this mean the net behind home plate is at the stadium's discretion?

Perhaps MLB could boost their ratings if they get rid of that net and give those seats to the homeless for free.

#5 | Posted by snoofy at 2013-03-01 03:24 AM | Reply | Flag:

Great band name: FOUL BALL.

#6 | Posted by gracieamazed at 2013-03-01 09:37 AM | Reply | Flag:

I'm sure a team could add to the danger by doing something stupid.

But more than likely, this guy just wasn't paying attention, which would be his own fault.

#7 | Posted by Sully at 2013-03-01 09:47 AM | Reply | Flag:

Regardless of the waiver, I think he assumed the risk by going to the game and sitting there.

#8 | Posted by Sycophant at 2013-03-01 10:14 AM | Reply | Flag:

If the net or screen behind home plate was up and worked correctly......I don't see how the team is negligent.

#9 | Posted by eberly at 2013-03-01 10:30 AM | Reply | Flag:

We have a Braves team over in Rome Ga and I take my kids regularly b/c it's a fun time and not expensive. So, one game we have front row seats on the first base line and we got a line drive that hit the top edge of the dugout. It was so fast that I could never react and if it had been 6" higher would have hit me in the chest. But, let me say those are the best seats ever. They have cheerleaders that dance between innings and they came out with daisy duke shorts cowgirl boots and a plaid shirt tied up in a not. Now, my son is 8 and I looked over at him and he was sitting there looking at the girls with his mouth open. It was hilarious.

#10 | Posted by Dalton at 2013-03-01 11:00 AM | Reply | Flag:

So when the Boise Hawks fly away to another state--no one will be upset.

#11 | Posted by MURPHY at 2013-03-01 01:55 PM | Reply | Flag: