AD1 STEPS UP TO BAT
In Roberts v. Boys & Girls Republic, Inc., Linda Roberts sued to recover damages for injuries she sustained when she was hit by a baseball bat swung by a player during batting practice.
Although Roberts claimed that the hazardous nature of the sideline on-deck area was “concealed,” the New York County Supreme Court wasn't particularly persuaded by that argument and dismissed her case.
On appeal, the Appellate Division, First Department, affirmed, noting that the threshold issue was whether Roberts had “assumed the risk” that resulted in her injury. Under that legal theory, voluntary participants, spectators, or bystanders of athletic or recreational activities are viewed as having accepted the repercussions of all “open and obvious" risks.
Since bat swinging in an on-deck area is inherent to the game of baseball, the AD1 concluded that Roberts had "struck out" and could not pursue a recovery.
You’re certainly free to take a swing at this case, should you dare.
To download a copy of the Appellate Division's decision. please use this link: Roberts v. Boys & Girls Republic, Inc.
TrackBack
TrackBack URL for this entry:
http://www.nyrealestatelawblog.com/mt/mt-tb.cgi/1763
Comments
Both the trial court and AD are wrong here. The Little League that plays in the park in this case has a rule that specifies there is no on deck circle.
http://www.downtownlittleleague.org/rules.php
These kids had no business taking warmup swings in front of the bleachers. The knuckleheaded coaches and league officials who set this up should be liable for the plaintiff's injuries.
Posted by: Gines Pasamonte | February 19, 2008 12:48 PM
Baby, you can swing your bat at me any times you want. ;)
Posted by: ALesbo | February 19, 2008 12:57 PM
Great point, Gines.
There would appear to be a claim of "inadequate supervision." Something.
Since there was a dissent, maybe this will head up to the Court of Appeals. (However, I wouldn't hold out much hope for a reversal. Our state's highest court hasn't been very receptive to these kind of cases in the past.)
Posted by: Lucas A. Ferrara | February 19, 2008 1:21 PM