Heads up! The Baseball Rule and Implied Assumption of Risk

It’s summertime and you are excited about attending a baseball game at Wrigley Field. You are sitting in the sun ready to take a big bite out of your hot dog when a ball is hit into the stands. You look up, blinded by the sun, and don’t see the ball until it is too late, and it crashes into your face. You suffer severe injuries. You file a lawsuit against the stadium and the teams but are surprised to find it may not be as successful as you thought.

In American law there is a rule appropriately titled the “Baseball Rule.” This rule applies to a sports team or its sponsoring organization, where they cannot be held liable for injuries suffered by spectators struck by baseballs flying into the stands. The concept of the “Baseball Rule” stems from the concept of implied assumption of risk. The idea that, by entering a baseball stadium where you know home runs and foul balls are likely to result in balls entering the stands, you are assuming the risk that objects may be sent into the stands.

After multiple injuries occurred in various MLB stadiums in the 2010’s, nearly all stadiums have placed protective netting around the seating to protect from serious injury. However, netting or not, the teams may still be protected from liability. And while the rule is titled the “Baseball Rule,” the same concept applies to pucks at hockey games and balls at golfing events. So, if you are going to a sporting event…Keep Your Head Up!