NEW JERSEY TWIST IN SPORTS LITIGATION

Juat saw a brief article in ITLA's November newsletter about a recent ruling in New Jersey regarding injuries at ballparks. The New Jersey State Supreme Court recently ruled that a ballpark patron hit by a foul ball while buying a beer can sue the park owner for negligence. As the article explained, the decision altered the long-standing "baseball rule" that essentially decreed that fans assume certain risks when they enter the old ballpark - risks like being clocked by a foul ball or thrown bat. The ruling affects eight minor league baseball stadiums that have opened in New Jersey in the last several years. The article went on to note that some of the owners were likely to erect nettings, screens and other protective barriers. I haven't seen the actual opinion, but I would be shocked if stadium owners in New Jersy have, until now, been allowed to skirt liability by claiming that that some 6 year old going to his first baseball game assumed the risk of being hit by a baseball bat(?). MLB has required netting behind the plate[where most foul balls go]for years in order to protect fans. Shameful to think New Jersey stadium owners were allowed to forego an easy and relatively inexpensive safety precaution this long.