The family of Greg Murrey, who died last year after falling out of the upper deck at Turner Field, has sued the Atlanta Braves and Major League Baseball (MLB).
The Murreys, represented by the Law Offices of Michael L. Neff, P.C. and Caplan Cobb LLP, claimed specifically that MLB was slow to respond to incidents at its stadiums involving “dangerously low” guardrail heights in the upper decks of its stadiums.
“Murrey was watching the Braves play the New York Yankees on August 29, 2015 at Turner Field,” according to the complaint. “Greg was standing in front of his second-row seat in Section 401, located in the upper deck. The railing in front of Section 401 was only 30 inches above the floor of the first row. From where Greg stood at the second row, the top of Section 401’s guard rail barely reached the height of Greg’s ankles. As could happen to any baseball fan, Greg fell forward. When Greg fell, he plunged over the railing and dropped approximately 50 feet to his death.”
The plaintiffs went on to site other incidents that were similar, such as the 2011 incident involving Shannon Stone, a Texas Rangers fan who fell over a 33-inch railing to his death. Among the others they cited, which involved railing issues, were:
In 1994, Hollye Minter fell backward over a 30-inch railing while posing for a picture at the Texas Rangers’ ballpark.
On April 21, 2009, a male fan attending the St. Louis Cardinals game at Busch Stadium fell over a 30-inch rail on the front row of “Casino Queen Party Porch” section and was seriously injured.
On June 26, 2009, Chris Hoffman fell over a 30-inch rail on the 4th deck of Busch Stadium in St. Louis.
On April 25, 2010, Stuart Springstube died after falling over a 30-inch rail at Miller Park watching the Milwaukee Brewers.
On July 6, 2010, Tyler Morris fell over a 30-inch rail at a Texas Rangers baseball game and was seriously injured.
They further noted that after the Springstube and Stone incidents, the Rangers raised the height of their railings to 42 inches, “a height closer to the waist of most adults. Unfortunately, the Braves chose not to raise the rail heights at Turner Field.”
The plaintiffs’ attorneys also quoted “safety specialist Jake Pauls” to emphasize their point.
“In the 1970s, it was known that rails of 30 inches would not guard most men from falling over them,” said Pauls. “Indeed, history has repeatedly shown us that it is not safe for 30-inch rails to be used at ballparks. To provide for reasonable public safety, the heights of rails to guard against falls should be at least 42 inches.”
They alleged that MLB and the Braves “rejected the safety measures incorporated by the Texas Rangers and continued to rely upon dangerously low railings, placing their fans at grave risk.
“The Braves and other MLB clubs hid behind an exception to the 42-inch standard rail height contained in the 1929 version of the NFPA Building Exits Code in order to justify rails that are dangerously low. However, as numerous stadium experts have noted, that version of the 1929 code was based on providing sight lines for the seated patrons at theaters/opera houses, not sports arenas.
“According to Robert Solomon, NFPA Building Fire Protection and Life Safety Division Manager, ‘the 26-inch exception relied upon by some stadium operators was designed mainly for theaters and symphony halls—not ballparks—to set railings where they wouldn’t impede someone’s view.’ Unlike patrons at theaters and symphony halls, sports fans in the upper decks of stadiums stand, jump, dance, drink beer, wave for cameras, and reach out for fly balls. Sports fans can easily lose their balance and fall over a 30-inch rail. The Braves’ choice not to raise rail heights meant more people could be killed or injured.”
The attorneys continued: “Had the Braves and the rest of MLB uniformly increased railing heights after the deaths of Mr. Springstube and Mr. Stone, Greg Murrey would not have died.”
From the Team’s Perspective
Robert Gorman, author of a book titled “Death at the Ballpark” told the Atlanta Journal Constitution that the problem for the Braves is that they are “constantly evaluating ways to ensure fan safety while maintaining the game-day experience.”
He said that, according to the International Building Code, the actual minimum height for railings in front of seats is 26 inches.
“So if that is the case, the railing at Turner Field was higher than that,” he told the paper. “The problem with the railing is how it affects the line of sight. If the railing blocks a view, I don’t know how people would want to sit in those front-row seats. And teams know that.”
And yet it has to be a concern for any stadium manager.
As Edwin A. Machuca, senior counsel at CBRE (www.cbre.com), a global leader in real estate services, wrote for Sports Litigation Alert in 2012, “Effectively managing the venue includes ensuring the safety of its occupants. First, a property manager should develop a risk assessment analysis of the venue in order to address any safety concerns, such as: low-lying stadium railings that can lead to fans falling over, proper maintenance and operation of escalators, safety exits, stair cases, corridors and other common areas.”
The complaint can be viewed here: http://media.cmgdigital.com/shared/news/documents/2016/04/19/fan_lawsuit.pdf
