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Boston fan hit by broken bat seriously injured (1 Viewer)

I guess we'll see MLB mandate that there be plexi-glass between the fans and the field of play starting next year.

 
Fenway has some of the smallest netting area, combined with very little foul ground in baseball. Something like this was bound to happen sooner or later there. Hope she recovers.

 
Fenway has some of the smallest netting area, combined with very little foul ground in baseball. Something like this was bound to happen sooner or later there. Hope she recovers.
A few years ago I sat near the area that she was sitting and you better pay attention because foul balls were flying into the stands at a high rate of speed. I doubt that she could have reacted in time even if she saw it coming. Only thing that would have protected her is a netting. I am sure some sort of netting wil be installed shortly.

It reminded me of the old Tiger Stadium first and third baselines. Right on top of the action without much foul ground.

 
I'd like to congratulate the woman on winning season tickets for the rest of her life.

Really surprised something like this doesn't happen more often.

 
Hopefully she recovers and is healthy.

And yeah, I am surprised stuff like that doesn't happen more often, especially when you consider how many people don't pay attention to half the action at games now (because they are too busy taking selfies or texting).

 
I just went to the Twins game with my 14 year old son Thursday and sat 2 rows behind the Sox dugout. I caught a foul ball off of Big Papi's bat that he hooked towards the dugout. The ball wasn't smoked (grounder that bounced up into the stands) but it still was moving fast. Scary for the woman involved, hope she recovers.

I go to local collegiate based summer league (NECBL) games in my home town in the summer and people are sitting in lawn chairs lined up 6" from the left field base line just beyond third base. I have seen balls come off the bat 90+ mph and hit people. It's scary, even if you are paying attention you don't have much time to react.

 
Hopefully she recovers and is healthy.

And yeah, I am surprised stuff like that doesn't happen more often, especially when you consider how many people don't pay attention to half the action at games now (because they are too busy taking selfies or texting).
 
I'd like to congratulate the woman on winning season tickets for the rest of her life.
Really, dude?
Just a roundabout comment on how the Red Sox are probably going to give her a huge settlement.
Ummm...no. Read the back of any ticket. YOU assume the risk by attending a game.
That doesn't usually absolve the team in court. Suits get filed and the team usually will settle with the fan in cases like this.

 
I'd like to congratulate the woman on winning season tickets for the rest of her life.
Really, dude?
Just a roundabout comment on how the Red Sox are probably going to give her a huge settlement.
Ummm...no. Read the back of any ticket. YOU assume the risk by attending a game.
That doesn't usually absolve the team in court. Suits get filed and the team usually will settle with the fan in cases like this.
Yes it does.The team may give her something, but that doesn't imply guilt.

 
No, it really doesn't. You can print something on a ticket and it will certainly help your case when trying to prove their assumed responsibility for flying objects, but it doesn't necessarily absolve you from liability.

 
No, it really doesn't. You can print something on a ticket and it will certainly help your case when trying to prove their assumed responsibility for flying objects, but it doesn't necessarily absolve you from liability.
yeah, this. Especially when the writing is in three point font which 75% of the population can't even read. These incidents always settle outside of court, in large measure due to the fact that MLB does not want a court ever to rule in favor of a fan. This lady will get oodles of money for this, which is a good thing for all parties.
 
No, it really doesn't. You can print something on a ticket and it will certainly help your case when trying to prove their assumed responsibility for flying objects, but it doesn't necessarily absolve you from liability.
yeah, this. Especially when the writing is in three point font which 75% of the population can't even read. These incidents always settle outside of court, in large measure due to the fact that MLB does not want a court ever to rule in favor of a fan. This lady will get oodles of money for this, which is a good thing for all parties.
Isn't there a 'baseball rule' actually on the books?
 
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No, it really doesn't. You can print something on a ticket and it will certainly help your case when trying to prove their assumed responsibility for flying objects, but it doesn't necessarily absolve you from liability.
Especially if the Red Sox knew there was a very high risk of something like this happening due to lack of protective netting (as mentioned, the least amount in the MLB)

 
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No, it really doesn't. You can print something on a ticket and it will certainly help your case when trying to prove their assumed responsibility for flying objects, but it doesn't necessarily absolve you from liability.
yeah, this. Especially when the writing is in three point font which 75% of the population can't even read. These incidents always settle outside of court, in large measure due to the fact that MLB does not want a court ever to rule in favor of a fan. This lady will get oodles of money for this, which is a good thing for all parties.
Isn't there a 'baseball rule' actually on the books?
Cardozo in New York, IIRC. Old case law. Not sure about how it holds today nor its authority today.

Yeah, it's an off-handed comment in a case about assumption of risk. http://nysbar.com/blogs/lawstudentconnection/2011/08/assumption_of_risk_and_basebal.html

"[o]ne who takes part in such a sport accepts the dangers that inhere in it so far as they are obvious and necessary, just as a fencer accepts the risk of a thrust by his antagonist or a spectator at a ball game the chance of contact with the ball.

 
Just as I type that, I find this:

Update (1:21 p.m., June 6): The Boston Globe reports that police told them the woman is in serious but stable at the hospital. They added that she is expected to survive.

 
Head injuries can be tricky. Remember the girl killed by the puck in Columbus? By all accounts she was conscious and alert right after it happened, but died two days later.

 
7 digit payout?
I would think so. Other similar incidents have settled for $1 million - $2 million from what I've heard. The big question is whether or not this will cause the netting to be put in along the baselines like they've been talking about the last few years. That's an interesting debate. It really does take away from the aesthetics of the game.

 
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It's terribly unfortunate that this happened and I wish her a speedy and full recovery. That said, I don't think she deserves any monetary compensation out of this. She chose to go to a live sporting event and sit close enough to the field to be at risk of balls and bats hitting her. Says right on the back of every sporting ticket I have ever seen that the holder assumes the risk of these things. Even if it didn't, common sense should come into play...closer you are to the action, the greater the risk to you. This was unfortunately the kind of freaky thing that can happen and it sucks but it doesn't mean it's someone's fault and it certainly doesn't entitle her to get a bag of money. I had a professor in college who used to say "##### happens. And, sometimes, it happens to you." We need to ditch the mindset that someone is automatically entitled to get paid just because something bad happened to them.

 
I'd like to congratulate the woman on winning season tickets for the rest of her life.
Really, dude?
Just a roundabout comment on how the Red Sox are probably going to give her a huge settlement.
Ummm...no. Read the back of any ticket. YOU assume the risk by attending a game.
Sure. Companies try all sorts of things like that which don't stand up in court.

 
It's terribly unfortunate that this happened and I wish her a speedy and full recovery. That said, I don't think she deserves any monetary compensation out of this. She chose to go to a live sporting event and sit close enough to the field to be at risk of balls and bats hitting her. Says right on the back of every sporting ticket I have ever seen that the holder assumes the risk of these things. Even if it didn't, common sense should come into play...closer you are to the action, the greater the risk to you. This was unfortunately the kind of freaky thing that can happen and it sucks but it doesn't mean it's someone's fault and it certainly doesn't entitle her to get a bag of money. I had a professor in college who used to say "##### happens. And, sometimes, it happens to you." We need to ditch the mindset that someone is automatically entitled to get paid just because something bad happened to them.
Your argument would have a little more merit if she got hit with a ball. But she didn't. She got hit with a shattered bat. A shattered maple bat. You know, the ones that are so controversial because they shatter much easier than the traditional bats. MLB definitely has some liability in the area. These bats are relatively new and known to be dangerous.
 
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I'd like to congratulate the woman on winning season tickets for the rest of her life.
Really, dude?
Just a roundabout comment on how the Red Sox are probably going to give her a huge settlement.
Ummm...no. Read the back of any ticket. YOU assume the risk by attending a game.
Sure. Companies try all sorts of things like that which don't stand up in court.
Yea, the way I've heard it described is "you can't sign away your liability".

Signs, printed disclaimers, etc - they don't make anything bulletproof.

 
This wouldn't have happened if MLB used aluminum bats.
This is actually a good point. Do the aluminum bats really add that Mich more distance vs wooden? And if so, can't they rig the size to minimize the power gain? Definitely don't have broken aluminum bats and way less lumber wasted each season.

 
It's terribly unfortunate that this happened and I wish her a speedy and full recovery. That said, I don't think she deserves any monetary compensation out of this. She chose to go to a live sporting event and sit close enough to the field to be at risk of balls and bats hitting her. Says right on the back of every sporting ticket I have ever seen that the holder assumes the risk of these things. Even if it didn't, common sense should come into play...closer you are to the action, the greater the risk to you. This was unfortunately the kind of freaky thing that can happen and it sucks but it doesn't mean it's someone's fault and it certainly doesn't entitle her to get a bag of money. I had a professor in college who used to say "##### happens. And, sometimes, it happens to you." We need to ditch the mindset that someone is automatically entitled to get paid just because something bad happened to them.
Your argument would have a little more merit if she got hit with a ball. But she didn't. She got hit with a shattered bat. A shattered maple bat. You know, the ones that are so controversial because they shatter much easier than the traditional bats. MLB definitely has some liability in the area. These bats are relatively new and known to be dangerous.
Also, if the shattered bat hit her arm and bruised her, there would be no issue. If a ball hit her leg and she was in pain for a couple days, no issues there either. But, to get hit with a flying object that is not intended to be in the stands, splintered as well, and result in a bad enough injury that outside medical assistance is needed, that becomes an issue. A scratch to her forehead that is taped up, give her a signed bat and ball from the player or team. A trip to the hospital with a threat of dying, a little more compensation is in order.

 
This wouldn't have happened if MLB used aluminum bats.
This is actually a good point. Do the aluminum bats really add that Mich more distance vs wooden? And if so, can't they rig the size to minimize the power gain? Definitely don't have broken aluminum bats and way less lumber wasted each season.
Playing 3b with an aluminum bat is a death sentence.

 
This wouldn't have happened if MLB used aluminum bats.
This is actually a good point. Do the aluminum bats really add that Mich more distance vs wooden? And if so, can't they rig the size to minimize the power gain? Definitely don't have broken aluminum bats and way less lumber wasted each season.
Playing 3b with an aluminum bat is a death sentence.
Ditto pitcher.

 

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