The Case of the “Famous Chicken”: Pay Attention at Baseball Games!
Posted on 21. Sep, 2009 by briankoeberle in Sports/Entertainment
It has been a long-standing doctrine in sports law that spectators at a baseball game assume the risk of potentially getting hit by foul balls. The application of the assumption of risk doctrine thereby serves as a complete bar to recovery for damages caused by a foul ball. This doctrine has even been extended to hockey games and errant hockey pucks that fly into the stands. But what about the scenario where a fan is distracted by the antics of a mascot and gets hit by a foul ball? Well, this exact scenario played out in Dayton in 2007 during a minor league baseball game. A fan attending a Dayton Dragons game was hit by a foul ball and knocked unconscious. She claimed she was distracted by the antics of the “Famous Chicken”, a nationally known mascot who was hired by the baseball club to provide entertainment during the game. The injured fan ended up suing both the team and the Chicken, arguing that they were both negligent in conducting this type of entertainment during a baseball game. The injured fan was ultimately denied relief under the assumption of risk doctrine. The court held that it is common knowledge during baseball games that foul balls are hit into the stands, and that patrons at such games assume the risk of being struck. Furthermore, evidence at trial showed that the team undertook to give several warnings to fans, including three announcements that were made over the loudspeaker “that spectators should be on the lookout for foul balls.” Courts like warnings. The moral of this story is that you can have your chicken and eat it too, but pay attention during the game!
