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.