Take Me Out to the Courthouse · Foul Territory
The Dinosaur's Tail
Lowe v. California League of Professional Baseball (1997)
Charge: Negligence - mascot distracted a fan who was then hit by a foul ball (suit against the club and league)Court: California Court of Appeal, Fourth DistrictDocket: Foul Territory
Could the club be liable because its mascot's antics increased the risk of a foul-ball injury?
The facts
A fan was sitting in an unscreened seat along the left-field line at a minor-league game. The team's seven-foot dinosaur mascot was performing in the stands nearby and repeatedly tapped him with its protruding tail. He turned to look at the mascot. Just as he turned back toward the field, a foul ball hit him in the face, breaking bones and causing lasting nerve damage. The trial court threw out his suit, saying getting hit by a foul ball is an inherent risk he assumed.
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: Lowe v. California League of Professional Baseball, 56 Cal. App. 4th 112 (1997)
Read more at businessinsurance.com. The source reveals the outcome.