N.J. - You Can Sue if Hurt By Foul Ball

[Salmo Trutta]

Monday's decision permits a Newark man who was hit in the face by a ball while buying a beer at Newark's Bears & Eagles Riverfront Stadium to sue the team and the food service company.

While getting his money ready, he heard somebody yell, "Look out!" The person selling the beer ducked, and Maisonave was struck in the face, fracturing a bone.

http://abclocal.go.com/wpvi/sports/71304-foulball.html
--------------------

Was the vending guy supposed to stand there and take a hit for the fan?

[htuttle]

1. Crap. You know what this means?

Insurance companies all over the country will probably start making stadium owners put up nets to stop the balls. I bet you won't be able to catch them in the stands anymore in a few years.

[nothingshocksmeanymore]

4. nope

IT was a limited decision based on the fact that one can't assume the risk while conducting a transaction.

[jeff30997]

7. Yeah, i think it's going this way...

[nothingshocksmeanymore]

2. Sounds like a very reasonable decision

"The appellate panel said that while fans who attend sporting events assume some risk of balls flying into the stands, that standard should not apply while they are at concession areas ordering food or drink.

The judges said fans in those areas should have more protection because they can "let down their guard."

The concession stand being in an area where a fan is likely to not be paying attention in order to avoid the foul ball is an attractive nuisance. Certainly the ball park can protect the area or move the concession stand elsewhere....and it must not have been the first time it happened of the judge would have probably dropped the case since they need to either have KNOWN or SHOULD have known that an inadvertent injury was possible...my guess is they knew and wanted to sell more 5$ beers.

[Salmo Trutta]

5. $5 beers? Where can you get one of those at a ballgame?

[nothingshocksmeanymore]

6. are they more?

[Salmo Trutta]

8. Uh, yeah...

up to $7 last time I went to a minor league game.

[nothingshocksmeanymore]

9. Well then they could afford a protective barrier around the concessions

Who can hold two beers and duck a foul ball without losing their teeth or their 14 bucks?

[Salmo Trutta]

10. I can...although that ability

varies inversely with the quantity of beer consumed.

[nothingshocksmeanymore]

11. Hahaha!

touche...perhaps you should be on the field and not in the stands :D

[jeff30997]

3. Well,next thing you know...

Somebody will sue someone because that person was breathing too much air!!!