Posted by: Bob Gorman | July 18, 2017

Danger at the Ballpark

Miami attorney Jack Herskowitz has just published (Trimark Press, 2017) an interesting, clearly written treatise on the dangers fans face when attending baseball games.  Written for the layperson, Danger at the Ballpark describes in detail, with numerous case illustrations, how the archaic legal doctrine commonly known as the Baseball Rule (“assumption of risk”) has been applied by the courts over the years to protect baseball from lawsuits by injured fans.  Whether a knowledgeable fan or a novice to the game, a child or an adult, it is very rare for a party injured by a foul ball or broken bat to win a legal settlement for the injuries incurred while at a game.  Mr. Herskowitz takes a legal scalpel to the Baseball Rule, showing how faulty logic and twisted legal reasoning have been used over the decades to strip baseball spectators of the common safety protections they are entitled to in any other public setting.  He also addresses injuries from violence and falls and makes recommendations for the simple steps baseball should (but won’t) take to protect fans.  Highly recommended for anyone interested in this very timely topic.

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