Net Positive: Imposing a Duty to Warn on Baseball Stadium Operators

Authors

• Eric Rothman, Benjamin N. Cardozo School of Law

Abstract

The note argues that the Baseball Rule, which shields stadium operators from liability for foul ball injuries if they provide minimal protections, is outdated and inadequate given modern conditions. It proposes modifying the rule to include a duty to warn spectators of each foul ball as it is hit, drawing on Japan's successful implementation of a real-time warning system. This approach balances spectator safety with the preservation of baseball's unique fan experience.

Disciplines

Entertainment, Arts, and Sports Law | Law | Law and Economics | Torts

Recommended Citation

Eric Rothman, Net Positive: Imposing a Duty to Warn on Baseball Stadium Operators, 41 Cardozo Arts & Ent. L.J. 629 (2023).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol41/iss2/11