Augusta GA Personal Injury Lawyer – Sports events both risky and fun for fans
Warnings abound at Comerica
Joanne C. Gerstner / The Detroit News
Detroit — It was a pleasant spring night, ideal for a Tigers game at Comerica Park.
Zack Devlin, 7, and his dad, Mark, of Warren, had prime seats — three rows behind the dugout.
They brought gloves, hoping to snag a foul ball.
But Devlin also was aware of other possibilities.
“I do feel a little squeamish sitting this close to the field,” he said. “Yeah, we have a great view, but things can really zip in here. We’re going to be on our toes … because you never know. He’s pretty good with the glove, but we’ve never faced a major league (foul) yet.”
It’s smart to be a cautious fan at the ballpark, race track or hockey rink. Foul balls, shattered bats, flying pucks and even auto parts can fly into the crowd.
A 2007 study, published in the Internet Journal of Law, Healthcare and Ethics, reported no comprehensive or verifiable public statistics on fan injuries at U.S. sporting events. The study, however, states 15 million Americans attend athletic events annually.
And this much is known:
• A 2003 study by Dr. Andrew Milsten, an emergency room physician and member of the University of Maryland faculty, stated there are 35.1 injuries from foul balls per 1 million spectators at Major League Baseball games.
• Brittanie Cecil, 13, died of injuries after being struck in the head by a puck during a Columbus Blue Jackets game in March 2002. It was the first death of an NHL fan due to play in 85 years.
• Three spectators were killed at Michigan International Speedway in Brooklyn in 1998 when a tire flew into the stands.
• Carl Edwards’ race car went airborne last month after an accident during a NASCAR event in Talladega, Ala. The car bounced off the protective screen that fronts the grandstand and remained on the track. Seven spectators were injured.
Gil Fried, a litigator, has represented teams and fans in personal injury suits. He said he sees liability issues whenever he attends sporting events.
“Hockey has become much safer since that girl’s death in 2002,” said Fried, chairman of the sport/hospitality and tourism management department at the University of New Haven. “The racetracks have done a lot to try to keep the cars from entering into the stands.
“Baseball is a bit behind, in my opinion. I think they could do more to protect their fans. More screening would be a big help. But that argument seems not to be going anywhere right now.”
Distractions pose danger
Foul balls are lined into the stands during just about every Tigers game. Less frequently, but as dangerous, splintered bats have flown into the crowd.
Litigators have accepted a range of 35-40 foul balls per game. At a recent Tigers game, 34 foul balls were counted, and 29 reached the stands.
Not all foul balls are dangerous, but Tigers catcher Gerald Laird has seen what can happen.
“(Fans) get caught up in so much activity around the game, whether it’s mascots or people yelling for beer or food or something,” Laird said. “You turn your head for one second and a line drive or broken bat goes into the stands, it’s pretty scary.
“Being a catcher I see it all. I’m back there and I see guys hit line drives all over the place. You can see it going right at someone and their head’s turned and they’re not paying attention. If you’re going to sit in the front rows … you better be watching the game.”
Laird makes sure his family stays safe.
“I always tell my wife (Kelly) to sit behind the screen, or if not there sit in the second deck,” Laird said “One ball that enters the stands and hits a kid in the wrong spot, it’ll be lights out.
“You never want to see something like that happen. That would be a terrible tragedy.”
Warnings alert Tigers fans
The Tigers want to make sure everyone is away of the inherent risks at Comerica Park.
Taped announcements, warning fans to be alert to objects coming from the field, play repeatedly outside and inside the park.
There are the written warnings printed on the back of tickets, flashed on the scoreboard, and printed on signs at the dugouts.
Programs and fan guides also carry multiple warnings.
The Tigers deliberately make the message redundant in hopes fans will get the hint before sitting in their seat.
If all else fails, precedence protects the Tigers. The “limited duty rule,” a concept dating to 1913 that states fans assume the risk, has become an accepted legal standard.
“Fan safety is our first and foremost emphasis; we want people to have a great time here at the game and know what they need to do to keep themselves and their families safe,” said Ron Colangelo, vice president of communications for the Tigers. “Things can happen at any time, that’s what makes it so exciting. But by the same token, you don’t know where the fouls are going or when they’re coming.
“We love to see fans coming to game with their gloves; it means they’re ready to have fun — but they’re also ready to protect themselves a bit, too.”
Comerica Park has a screen behind the plate that extends to each dugout and protects fans in the lower deck. But the rest of the ballpark, including behind the plate in the upper deck, is open.
Debate over protection
Fried said he would like to see screens extend behind the dugouts — beyond the standard.
Others, such as Manhattan-based litigator Carla Varriale, think enough has been done.
“A baseball stadium is like nowhere else: It’s not like going to the mall, gas station or any other type of commercial establishment,” said Varriale, who has represented some major league clubs. “There’s razzle-dazzle, there’s action, baseballs are flying, maybe a bat could be flying, mascots are dancing, people are cheering, music is playing, T-shirts are being launched into the stands.
“You can’t insulate people from everything. The openness is part of the excitement and the character of the game. People assume the risk when they come to the game.”
Hockey rinks used to be largely open, too, as most did not have any screening above the glass.
That changed after Brittanie’s death, with the NHL and then the minors/juniors and amateur organizations mandating netting behind the end boards.
“That’s usually how it goes — it takes a tragedy many times to make the changes,” said Dr. Ronald Dix, a sports marketing professor at Duquesne University. “NFL and NBA really don’t have problems with fans getting injured because of play.
“Baseball is a whole different thing. They’re just sort of going along with the way things are, but they have a lot of parties to keep happy: TV, the baseball purists, season ticket holders, sponsors, etc. It’s an interesting conversation to keep everybody on the same page, so they’re probably not going to make any big changes.”
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