Doubleheader · Rain Delay
Ambushed on the Concourse
Alwin v. St. Paul Saints Baseball Club, Inc. (2003)
Charge: Negligence - fan hit by a foul ball while walking through the concession area (suit against the minor-league club)Court: Minnesota Court of AppealsDocket: Rain Delay
Does a fan accept the risk of foul balls even when he is in the concourse and not watching the game?
The facts
A man with a general-admission bleacher ticket left his seat late in a minor-league game to use the restroom. Walking back through the concession area, he never saw the foul fly ball that came over and struck him in the mouth, knocking out a tooth and requiring extensive dental work. He sued the club, arguing that a fan buying snacks or using the bathroom is not watching the game and should not be treated as accepting the risk of batted balls.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Alwin v. St. Paul Saints Baseball Club, Inc., No. A03-686 (Minn. Ct. App. Dec. 16, 2003)
Read more at law.justia.com. The source reveals the outcome.