Posted on March 25, 2008 by Kathy McManus in All, Law, Sports Comments (37)
Foul Ball
Laura Kerod had great seats.
She and her husband Kevin were cheering for their local New Jersey minor league baseball team—the Trenton Thunder —sitting enviably close to the dugout.
Ms. Kerod turned to check the score board, then turned back. “And boom, it hit me,” she said of the foul ball that slammed into her face, ripping her lip, shattering her teeth, and fracturing her palate.
Between doctor visits and surgeries, the Kerod’s started contacting politicians and circulating a petition, advocating for changes that would make a trip to the ballpark safer, including more protective netting and medical coverage for injured spectators.
To which baseball officials replied, read your ticket—there’s an inherent risk from stray bats and balls that’s spelled out and also announced before each game.
But baseball has a special appeal to families, countered Mr. Kerod. Kids and parents don’t read their tickets at the baseball stadium. “Families should be able to go there and feel safe,” Mr. Kerod said. “When you go there, you see police, and they’re protecting you from terrorism. Who is protecting us from bats and balls?”
Another New Jersey baseball fan disagreed. “With great seats comes great responsibility” he stated. “You, the spectator, must take personal responsibility for your safety.”
Tell us what you think—should the responsibility for such a serious injury be the responsibility of the fan? Does America’s favorite pastime need to be made safer for the people sitting in the seats?
Comments (37)
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Accidents are Accidents
When are we going to come to the understanding that holding others responsible for our decisions is not the next ticket to wealth. Our society is too quick to blame others and to file suits to make amends. There is danger inherent in life, that is why an accident is just that: an accident. In this case, it is the responsibility of the fan. If a suit were decided on the behalf of the fans, it simply continues to drive up the cost of the rest of us to go to the games. If you want to be safe, hide out in your basement. To experience life is to invite some level of risk.
Absolutly
I could not agree more!! Our court’s are to tied up as it is with frivolous law suites. We defiently don’t need to make America’s past time tainted anymore than it already is by involving America’s new favorite past time frivolous law suites!!!
liberty jen....AMEN
Liberty Jen hit it right on the head. Nascar drivers take a great risk for the possibility of a big paycheck. Like the baseball fan w/ front-row seats, they trade in the safety of the bleachers for the glamour and status of the front row. If you get hit, maybe you should have been paying better attention. Go hide in your basement and feel safe…..sounds like a blast.
There's no such thing as safety
At the risk of sounding obvious: bats and balls are a requirement of baseball; ‘terrorists’ (who have never, as far as I’m aware, shown up at a baseball game) are not. We can’t deny that Ms. Kerod’s injury is unfortunate. And I don’t think we can deny that she should be properly looked after – by the state or by an insurance policy (the two are, after all, essentially the same). But to take a sport that is inherently fairly safe and try to make it safer is a fool’s errand.
Risk is inherent in everything we do. It is a requirement of the human condition. If we reduced risk to a negligible level – even if it were possible – I’m guessing we’d all lose our marbles.
PUT UP A FENCE!!
Where I grew up the seats behind home plate and the seats behind each dugout were protected by a fence that was probably fifteen feet high. I’m thinking they probably did this because SOMEONE GOT HIT!! Isn’t this pretty much just common sense?
No Fences...
I agree with fencing directly behind home plate. Both the Catcher and Umpire wear protection for a reason. In regards to fencing forward of the batter I do not agree. I certainly wouldn’t want to be the season ticket holder, paying top dollar for the best seats, only to find out that I now have an obstructed views because of the fence supports? Like someone mentioned earlier there are certain risks in life and as a fan you should know when to pay attention and when to peek at the scoreboard.
Oh really?
I am 56 and have been to many baseball games. While there is ALWAYS netting behind home plate I have NEVER seen any behind dugouts, nor should there be any.
Untitled
Not in the majors but little league games have fences like this…
Little League
is a different story…too many little kids running around not paying attention…I understand it there, but at a major or minor league game sit in seats where you feel safe and pay attention if you are sitting close to the field.
You paid for the good seats, now pay attention!
It’s not on TV. You are at a sporting event where you can get hurt if you aren’t looking at things that could come and hit you in the face. Most ball games I have been to have more foul balls into the stands than they have hits into the park. I don’t think any of the players were looking at the scoreboard when someone was being pitched to. Fans who want to be in on the action with front row seats need to pay attention.
I agree wholeheartedly
I couldn’t have said it better. If you buy the tickets, you assume the risk. Pay Attention!
Personal responsibility
I have to admit some frustration with “they” should make (fill in the blank ) safer, easier, etc. Over the last 50 years of my life I have watched the government, companies, and individuals clamor for more safety, more regulations, more protection, and then hear complaints about “big brother” interference. Anyone who has ever attended a baseball game whether in their own neighborhood, or in an events stadium has seen foul balls fly into the stands. For that matter, there are those who deliberately wear their gloves in the hopes of a “fly” coming their way. Why should we wrap the audience in plastic because someone didn’t bother to read their ticket? (BTW, I do read those silly things) We are warned everyday about liability limits on the back of ticket stubs whether from the ballpark, the dry cleaners or the parking garage where we leave our car. Life has risks, you have to take personal responsibility for the choices you make and the risks you choose and then don’t blame someone when something goes wrong. Stuff happens.
Untitled
Accidents are preventable, and there is such a thing as safety. And just because “stuff happens” doesn’t mean it had to happen. Stadium owners have a responsibility to provide a safe environment in which patrons (fans) can enjoy themselves. In my opinion, this responsibility extends to providing adequate netting to protect fans from line drives. There’s a reason players on-deck must wear helmets, and a reason why there’s netting in front of the dug-out as well. This does not absolve fans from their responsibility to act in a safe manner, but I certainly do not expect any fan to watch every pitch, no matter where they are sitting.
While many ballparks are adding additional netting, and I feel all should consider this additional protection, the inclusion of netting or liability for medical expenses should NOT be legislated or forced upon ballpark owners. There is (and should be) a large gap between what is legal and what is responsible.
Untitled
As pretty much everyone else stated, if you got to the game, pay attention!! Stadium owners provide as safe an environment as they can without taking away the ambience of the game itself. They don’t put nets in front of the dugouts, they put them behind home plate as this is a tough spot to sit in & react quick enough to protect yourself if needed. That is why the umps & the catchers where masks. Batters in the on-deck circle wear helmsts because they are batting next & are much closer to the batter than anyone else (next to the catcher & home plate umpire). You have an obligation as a fan to pay attention when necessary. It is the same as at a hockey game. When the puck is in play, pay attention. When the baseball is in play, pay attention. This is an obvious & common sense answer. Just imagine, next someone will want to sue someone because they spilled their hot coffee on themselves….oh wait, that already happened!!!!
from a player point of view
I am a minor league player at the AAA level. I have seen multiple balls go into the seats and I have seen multiple people get hit by foul balls. In fact on opening night (yesterday) a lady got hit in the face by a foul ball and she was on the upper deck behind home plate. The ball went over the backstop net and hit her. What I am getting at is basically what everybody else is saying. When you go to a game, no matter where you sit, you need to pay attention. The one thing I do think needs to be encouraged is an age limit of people allowed to sit right behind the dugout. Families that bring their young kids and sit right behind the dugout are just asking for trouble. The balls and bats go into the stands at an incredible rate and most people cant react fast enough. Just pay attention! Also I agree with the fact that we are quick to blame others. It is definitely not getting us anywhere. It is a freak thing that happened, unfortunately. As we say on the field “hang with em.”
Love the way you think
I love the way you think. An age limit would be wonderful. Children are less likely to pay attention, and more likely to cause those around them to pay less attention. An age limit — ingenious!!
Choices
Growing up watching the Angels play in Anaheim and as the mother of two sons who play baseball (one pitching at a Division 1 college and the other in high school) I have been a spectator at more than my share of games. There is definitely a risk that one accepts by sitting near a baseball field, and it is in your best interest to pay attention. Yes, there should be appropriate protection at the field to prevent accidents. However, the choice to attend a game is up to the individual attending. I have sat in great seats behind dugouts, knowing that if I failed to pay attention for a moment I was putting myself at risk. I learned more about the game in the process – it helps to know which direction the foul balls are likely to go if the hitter is left or right handed. In most cases, a spectator has a choice in where he or she sits and can limit the risks. There are usually seats available in the upper decks of big stadiums or in the distance at Little League and school fields. Accidents are unfortunate, but it is our choice to participate. I worry about my sons getting hit by a ball being hit off a metal bat, but I understand that it is a risk we choose to accept in order to play the game.
Picking the right seats
It amazes me how many people sit close to the action, and don’t pay attention to the game. When sitting close up, you cannot take your eye off the ball, and you can’t turn your back on the field except in-between innings. People who want to mitigate this risk can sit in the outfield or the upper deck. Its scary when I see a young mother holding a baby, sitting behind the dugout, and talking to her friend sitting behind her with a player up at bat.
pay your money and take your chances
i have watched my San Jose giants play Cucamonga and see two little old ladies get smacked by foulers, and get taken by ambulance. i have been screamed at by balls behind the foul screen directly behind home plate at the concession in Elsinore.
i have also had a foul fly go right behind my back into my seat pocket at a Irvine /Santa Clara game. a foul ball pinballing at speed in the stands is a dangerous thing. that is why it is printed on the ticket you risk yourself. don’t like it, don’t go. Thats baseball.
Safe Venue Required owners
The Catcher and Umpire behind home plate are protected, with the required safety equipment, so should the spectators behind home plate watching the game
Safety Equipment
Interestingly, the catcher and plate umpire wear padding and masks, the batter and the player in the on deck circle do not. They are expected to pay attention. Last year Juan Encarnacion got hit in the face by a foul ball while in the on deck circle….he may never play again due to the injury to his eye. While not very common, this is considered part of the game.
As a fan who loves the game, on days when I don’t want to worry about foul balls, or thrown bats, I’ll sit behind the screen or in the upper deck. But if I choose to sit behind the dugout, I bring a glove, and don’t take my eye off the ball.
Batter Up!!
In this sue happy America; this is just another case of let society pay for my decisions. If I choose to go to a ball game and get hit in the face by a rogue foul ball that is my problem, just like if I choose to smoke I face the chance of getting lung cancer. People need to start being held accountable for their actions. Ignorance is not an exception to the law. My suggestion, next time pay attention to the game and bring a glove.
be a kid
Funny, but seldom do you ever hear of a kid getting hit with a bat or a ball. maybe it should be mandatory that anyone over 21 should be accompanied by a kid to a baseball game.
oops!
If you are watching the game you shouldn’t really have to look at the scoreboard anyways. If you do look, wait until after the pitch or play is made. Do you really even need a reminder on the ticket? How about you purchase some catchers gear and wear it to the games so you can feel safe. I don’t want a stupid net in front of me when I have great seats behind the dugout. If you can’t pay attention then sit upstairs and give the good seats to people who enjoy the game more than you do and like to watch the game.
There's an idea
As an avid baseball fan since childhood, I have seen my share of foul ball blunders.
The idea of the fan wearing a mask is GREAT!!! No one would think it vastly strange any more than fans who wear game shirts, gloves and hats!
The best blunder was one was where the man was walking down the steps watching where he was going but not where the ball was going. Right into one the cups of beer he was taking back to his seat. It could easily have been his face or something tenderer and easily damaged.
Read your ticket, watch the action in the game and go home safe! Don’t spill your coffee and get burned or whatever….have fun. That’s what it’s there for!
She should be at fault.
The lady who got hit is clearly at fault. At all professional baseball events, their are signs which clearly note to watch out for flying objects such as bats and balls.
Get a grip!
If you go to a baseball game, there is a chance (albeit small) of being hit by a foul ball, a bat etc. That is a chance you take! Don’t want to take that chance? Stay home! Netting is provided behind home plate with good reason because of the great frequency and speed of foul balls hit straight back. Personally, I HATE sitting behind that netting because it interferes with my view. What should we do? Encase all fans behind Plexiglas? I am sick to death of whining people looking for someone to blame and someone to pay for every chance occurrence. It was an accident…unfortunate, but an accident. If I was judge or juror in a case like this I would throw it out or vote it down without question!
Curious...
You have obviously never been to a hockey game!…This can of course be turned into an overall discussion about “safety” and what that means to people in this country…The Insurance industry for all intents and purposes would prefer you not do anything, go anywhere or participate in any activity with out reading the fine print on the dangers, risks, pitfalls and general disaster that will occur. But reality is actually not aligned with the business of fear and the safety measures that must be taken to quell that fear.
It is very unfortunate that this woman was hit by the ball and the physical and emotional impact it has had on her life, but quite simply she was unlucky that day…Any number of a million things could have happened to her prior to the game and in one swift moment of bad luck she got hit.
Now, this society has been brainwashed into believing that every risk to life limb or the pursuit of happiness must be accounted for and prevented somehow and if for any reason it is not then and injustice has been perpetrated and someone must pay.
Now of course there should be reasonable accountability to each other to not create an environment that is unnecessarily risky, but like everything in life just getting up the morning and lasting the whole day is a measure of good luck
NHL Hockey
A few years ago a father was taking his young daughter to her first NHL game. The puck managed to strike her in the head, despite the fact that the rink was surrounded by a Plexiglas shield. This puck strike killed the girl.
I suppose no matter the precautions that we try to take, accidents will occur.
Untitled
Sorry Ben B., I disagree with one thing, insurance companies don’t care about you or me, they act like it, but if it wasn’t for humans getting themselves hurt they would be out of the job.
Protect the Public
In reply to all the comments listed so far. I have some of my own observations.
All of you are admitting that there is a public safety issue here. You want it to be at your own risk. Pay attention. No one is trying to point the finger of blame, just trying to correct a known safety hazard.
Minor league baseball stadiums are a miniature version of the major leagues. Some people like you are aware of the risk, you are familiar with baseball, others are first time attendees and they are not aware.
Baseball is a 19th century sport and this is the 21st century. They need to protect the general public. There is no reason the public should be under such assumed risk. If your family member had been and is still going thru the absolute pain caused by attending, maybe you would not be so selfish. Children are at risk even more. They generally are not paying attention and are unaware. Thousands of children are attending on field trips every summer and most of the supervisors are themselves kids. Minors should not be allowed in the stands unless behind safety screens. There is no law suit at work here. The New Jersey Baseball Spectator Safety Act of 2006 is the law which prohibits lawsuit. It was written to protect the owners of these stadiums and not the spectators as the title implies. There is no time to react even if you are paying attention to the game depending on where you are seated. Accidents at these parks are not a freak thing, they are consistent. A program on Easter Day on MSG TV “Famous Sports Injuries” showed that the pitcher was hit in the face 55 feet away in 0.3 seconds at more then 120mph and at a force of 5700 lbs/sq in. The third base bag is 90 feet away and the spectators are then 0.6 seconds away. Why is a private organization allowed to have such high risk compared to any other amusement park in N.J. I can tell all of you are concerned with your fellow human being.
There has been no real public debate on this issue. The NJ Legislators approved this 76-0 without any debate on it. Corporate baseball lobbied NJ legislators for this bill which implies spectator safety. They advertise for families to attend, yet if you are seriously injured they want nothing to do with you. They are not interested in changing the way baseball has operated and now have total immunity of liability because our New Jersey legislators passed the “New Jersey Baseball Spectator Safety Act of 2006”. This law was in direct response to a man who was hit at the Newark Bears game while waiting in line at the concession stand. He has severe nerve damage in his neck. The NJ Supreme Court came down on his side and said that he had every right to feel safe while purchasing his beverage. So, the corporate baseball owners lobbied our legislators and had this law written. The title of the law implies safety for spectators but when you read it, it only provides protection for the owners of these minor league teams. They no longer have any incentive to improve the safety of their facilities. In New Jersey, every company is required to document injuries at their facility and post the data for public viewing. Why is baseball exempt from documenting spectator injuries? When a member of the general public visits a hazardous area at a company they are required to be protected by personal protective equipment. Why is baseball not required to protect the general public with safety screening. If not many people are being hurt at their events, then why don’t they pay for the injuries of the spectators injured by bats and balls due to the game?
Selfishness is the reason, tracking and reporting injuries, safety netting and limiting minors to stay behind it is the answer. Not lawsuits.
Kevin Kerod
Happy Father's Day - Bam!
I’m sorry to hear about Laura getting hit. She and I have something in common. It sounds like she was a lot worse off than I. God bless her. My daughter Shannon wanted to spend time at the Orioles game on Father’s Day at Camden Yards. My name is Sharon and I was hit in the face by a ball during batting practice at Camden Yards on Father’s Day June 15, 2008. I tried to catch the ball but it was coming so fast that it spun right around my hand and into my nose and top lip. I went to St. Agnes Hospital. They gave me an MRI to see if any facial bones were broken and a CT Scan to see if my brain was bleeding. No bleeding. I do have a fracture on the left side of my face (Maxillary sinus bone). My face is so swollen and I have black eyes. My top teeth/gums are still numb. I went to a dental surgeon to see if I needed surgery. Thank God, I don’t. I was real lucky. A woman at Camden Yards called me to ask how I was and she is sending me 5 tickets. I graciously thanked her for the tickets, but I don’t think I will go to the ball park for a real long time to come if ever again. My husband and I pay for our own insurance. We have to pay thousands of dollars before the deductible kicks in. I agree with using the nets to protect people from flying baseballs, pain, trauma, costly bills, and even possible death. For the people who complain about nets, let them get hit in the face by a hardball maybe flying over a hundred miles an hour and see how their thoughts on this subject change. There is a public safety issue here and something needs to be done about it. Why isn’t something being done. I wonder how many people a year are hit by a baseball? Once again I think it’s all about money. Get those fans in the seats, make that money, a fan gets badly hurt and it’s so sorry and goodbye.
help protect the spectators
I have been pretty neutral about baseball most of my life. I have an 8 year old who is new on a league and was invited to do an exhibition game on the opening night for a new Collegiate team in Springfield Il. It was so exciting for the new little baseball players. However in the 3rd inning with my 8 year old on my right side and my 12 year old on my left side I was blasted in the face with a foul ball (.5 seconds wasn’t enough time for me to respond). Needless to say with their mom injured, bleeding and being taken away in an ambulance they were very upset . I am very lucky it hit me and not my boys who were inches from me! When I learned of the invitation to the ballgame I thought this would be a fun family night and a special treat for my son’s team. Since I wasn’t a baseball fan I wasn’t aware of the severe risks associated with attending a ball game. I have to admit I didn’t look at my ticket (we didn’t need a ticket to get in) let alone the small print on the back with the risks on it, I didn’t see any signs or hear any warnings, I wasn’t aware that the ball travels at 120mph, and I just didn’t know much or anything about baseball spectator injuries. I guess people are expected to be more knowledgeable before they attend. I am now learning many things and I don’t accept accidents without learning a lesson. I want to share this with others who I believe don’t understand the dangers and risks of being a spectator at a ball game, like myself. I know there are many loyal fans who are very aware of this but I feel that there are a great number of new and first time spectators who are at a greater risk because they don’t know just how fast that ball travels. I would love to get stats on spectator injuries and any other information that I can use to help inform and reduce the incidence of this horrible injury from happening to any other unfortunate spectator. It is NOT about lawsuits and getting wealthy.. It is about protecting, informing and preventing spectators from suffering immediate and life long injuries. Maybe save a life. It is about baseball parks doing more to help remedy this.
Sharing a story
I would like to share a story. I was enjoying a canned beverage one summer day. As I drank, I became distracted and caught my lip on the edge of the mouth opening. I required several stitches. I sued the beverage company, because they did not inform as to the sharpness of that opening, nor any possible injuries. I walked away with one million dollars, yeah cash money!!!! ca-ching!! And for those wide eyed in disbelief, get used to it, because this is our future.
It seems that nothing is ever our fault, or that accidents are never that. It’s always someone else’s fault, and someone will always be to blame, except for me. While accidents like these are lamentable and unfortunate, they are just that, accidents. You face danger and injury wherever and whenever, at some point we need to stop looking for who to blame and just realize that it is the nature of life. For those who didn’t catch it, that story was all fiction so save your hate mail.
Foulball
As adults we are always told to read the fine print. I’ve been to a number of ballparks, both minor and major league, and cannot remember a time when fans were not told before a game about “objects leaving the field of play”. Most ballparks will gladly relocate a fan for free if the fan feels in harm’s way. There is risk in almost everything we do – those folks need to be accountable for their actions. Don’t blame the team.
Safety in Baseball
Yes, I think we should provide more safety for spectators at ball parks. This way we can add more cost to our tickets, school taxes, or summer programs to cover these added improvements. We could build a wall around the ball park, so everyone could be protect.
Get real people, sports are dangerous. Pay attention or sit some place where you will not get hurt.
I got it. Everyone entering a ball park must be wearing a chest protector and helmet with a face guard to protect them. This will work.
Quit your complaining
If you go to a baseball game you have to realize there is a certain risk. I have played baseball even at the major league level and coached a little league team for six years and there has always been an announcement of caution for fans for as long as I can remember. If you choose not to read your ticket then you are wrong. Don’t assume everyone wants or needs someone to take care of them. True baseball fans know the risks and use common sense to prevent them or at least minimize them. So I think the folks are on their own for the injuries and maybe they will learn to think before they act.