Doubleheader · Rain Delay
Splinters in Row Two
Rees v. Cleveland Indians Baseball Co. (2004)
Charge: Negligence and failure to warn - fan struck in the face by a piece of a broken bat (suit against the club)Court: Ohio Court of Appeals, Eighth DistrictDocket: Rain Delay
Does a fan in unscreened seats assume the risk of being hit by a broken bat, not just a ball?
The facts
A longtime fan had sat in the same second-row seats near third base for three seasons. In the fifth inning a batter's bat shattered and a piece flew into the stands, striking her in the face. She and her husband sued the club, arguing that a flying bat is different from a foul ball, that the team failed to protect fans from flying objects, and that it never warned spectators about broken bats.
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: Rees v. Cleveland Indians Baseball Co., 2004-Ohio-6112 (Ohio Ct. App. 8th Dist. 2004)
Read more at law.justia.com. The source reveals the outcome.