Posted on March 25, 2008 by Kathy McManus in All, Law, Sports Comments (29)
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 (29)
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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!!!
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.