New York Litigation department Co-Chair, Jim Herschlein was quoted in a Law360 article on baseball game related injury claims. Due to the many warnings around the stadiums and on the back of tickets, these claims are often difficult to prove in court unless the incident occurred in an unexpected way.
Attorneys mentioned in the article say that courts typically honor such warnings on the back of tickets, without faulting baseball teams for not including more warnings or netting. Such outcomes are also at least in part a nod to cultural factors relevant to a game where spectators sometimes want to sit closer to a field in order to catch foul balls.
On this point, Herschlein opined, "In baseball, there's an interaction between ballplayers and team officials like coaches that a net would take away from.”
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