More baseball liability woes

by Walter Olson on March 18, 2009

This time in Iowa:

A state Supreme Court ruling that allows a Bettendorf woman to sue over injuries her daughter suffered when she was struck with an errant bat at a minor-league baseball game threatens the spirit of America’s pastime, according to a judge who said his fellow justices have “taken a mighty swing … and missed by a mile.”

Cynthia Sweeney had signed a liability waiver, but sued anyway after her daughter, sitting in the bleachers as part of a school field trip, was struck by a bat that went flying. For more baseball-liability reports, follow our baseball tag.

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New York Injury Cases Blog
03.24.09 at 8:05 pm

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1 Bill Poser 03.18.09 at 9:08 pm

The claim seems to be against the group that organized the outing, not the ballpark or the player, for seating the girl in an unsafe area. The article mentions that she was sitting in an area beyond the portion of the stands protected by a net. I don’t know much about baseball. Is the netting supposed to extend further? Are spectators not supposed to sit where she was sitting? In short, I’m wondering whether the court found that the girl did not assume liability in this case because the organizers were negligent in seating her in an unusually dangerous place?

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