SW Legal studies in Business

Fans at Baseball Games Must Watch for Foul Balls

Nevada high court held that since a baseball stadium took precautions to protect seating in high-danger areas, and warned fans of the dangers of foul balls, it did not breach its duty of care to a spectator who was hit while in the concession area.

Topic Torts
Key Words

Negligence; Assumption of Risk; Duty of Care; Spectators

C A S E   S U M M A R Y

Turner was attending a minor-league baseball game in Las Vegas. The tickets sold to the game warn of the dangers of foul balls hit into the stands and announcements are made to the fans to stay alert. During a game, Turner went to the concession stands located in the upper concourse above the stands. It is several hundred feet from the playing field and has no protective screen unlike seating areas close to the field. While in the concession area, Turner was struck in the face by a foul ball. It knocked her out, broke her nose, and cut her face. She sued the team for negligence. The district court held for the team, ruling that it did not breach any duty of care since the risk was known and obvious. Turner appealed.


Affirmed. The “limited duty rule” requires baseball stadium owners and operators to provide sufficient protected seating for customers who want protected seats and also because some seating areas are more dangerous in exposure to foul balls than other areas. If in compliance with this rule, as the baseball stadium in this case was, the stadium need not take precautions that are unreasonable, which could require the entire stadium to be ringed with protecting fencing. Turner was in an area of low danger; there were no other reported injuries from the concession area. There are certain risks involved in attending a baseball game and the spectators must keep alert.


Turner v. Mandalay Sports Entertainment, LLC, ---P.3d--- (2008 WL 1747873, Sup. Ct., Nev., 2008)

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