With Major League Baseball’s World Series well under way, the plaintiffs law firm Hagens Berman has filed an amended lawsuit against the commissioner of Major League Baseball (MLB) Rob Manfred, and all 30 MLB teams on behalf of “fans fearful of being injured by foul balls and bats at major and minor league ballparks, and those who have already been hit.”
The 100-page-plus amended complaint details a litany of recent injuries at MLB games, including nearly 90 serious injuries and near misses that have occurred since the firm filed its original lawsuit against commissioner Manfred earlier this year. The lawsuit asks for safety netting “to be extended at all major and minor league ballparks from foul pole to foul pole, to protect the most dangerous areas, where spectators suffer serious injuries.”
The updated complaint adds as defendants all 30 member teams, and adds as plaintiffs two individuals who have already been struck by foul balls at MLB ballparks.
“Following the commissioner’s listless response, MLB teams have only sat idly by since we filed suit in July, and have seen horrible injuries continue yet done nothing but rake in profits,” said Steve Berman, managing partner of Hagens Berman and attorney representing fans who filed suit.
The amended complaint devotes no fewer than 35 pages to chronicling “serious injuries and near misses to spectators at MLB games, and includes graphic depictions of injuries, including photos of serious injuries that occurred” after the initial complaint was filed.
The core of Berman’s complaint seems to be the game has changed, but the defendants’ practices have not.
“The game is changing, and baseball fans are continuously victim to the myth that if they just pay attention, they will avoid injuries from foul balls and bats, but we know that to be untrue,” Berman added. “Pitching and hitting speeds are increasing, players are stronger, fans are closer to the action and distractions are more prevalent. These line-drive fouls scream into the stands faster than anyone could react — faster than you can say ‘foul.’”
The nationwide class action alleges that “tens of millions attend an MLB game annually, and every year fans of all ages, but often children, suffer horrific and preventable injuries, such as blindness, skull fractures, severe concussions and brain hemorrhages when struck by a fast-moving ball or flying shrapnel from a shattered bat. The suit seeks to require MLB to retrofit all existing major league and minor league indoor and outdoor ballparks to extend protective netting from foul pole to foul pole by the beginning of the 2016-2017 MLB season, as well as ensuring that level of safety netting at all future ballparks.
“The suit also seeks to create a program to study spectator injuries in an effort to continually reevaluate whether additional measures should be taken, so that precautionary measures can continue to evolve as the sport continues to evolve.”
Sports Law Expert Describes Suit’s Chances of Success as Doubtful
“The suit is interesting, but it’s doubtful if the plaintiffs will accomplish their goal through a favorable court decision,” said Jordan Kobritz, a Professor in the Sport Management Department at SUNY Cortland. “Those who suffer injuries have standing to sue and some of the injured fans may recover monetary damages depending on the law in the state where they are injured (the ‘Baseball Rule’ or a variation thereof currently exists in a majority of states). But the current plaintiffs can avoid the risk of injury by refusing to purchase tickets and attend games.
“If MLB ultimately addresses the recent spate of injuries by extending the ballpark netting, and it’s likely a matter of when, not if that happens, it won’t be from an adverse decision in this lawsuit. It will primarily be a result of public and media pressure, perhaps including the publicity from the current lawsuit.”
