Foul Ball: Nevada Court's "Baseball Rule" Protects Stadium

Nevada State Supreme Court Issues Ruling Protecting Stadiums From Foul Ball Injury Suits

The Nevada state Supreme Court Thursday "handed down a decision establishing broad protections for stadium operators from lawsuits involving foul ball injuries," according to Sean Whaley of the LAS VEGAS REVIEW-JOURNAL. In a 4-3 decision the court said that stadium operators "have protections from lawsuits involving foul balls striking fans, even if an injury occurs outside of the stands." The new "baseball rule," which encompasses an entire stadium, "dealt a death blow to'' a lawsuit filed by Triple-A PCL Las Vegas 51s fan Kathleen Turner, who in '02 was eating in Cashman Field's Beer Garden "when a foul ball struck her between the eyes, breaking her nose and cutting her face." The court majority said that a stadium operator "has a limited duty to protect spectators against injuries caused by foul balls that are errantly projected into the stands." Whaley notes Turner was seated in an area with a "limited visibility of the game." Turner's attorney Beau Sterling said that the court's majority now has "equated sitting in such an area to sitting behind home plate" (LAS VEGAS REVIEW-JOURNAL, 4/18).