NJ Court says you can sue if hurt by foul ball at stadium - Good ruling or bad?

[astro]

Per this article- N.J. Ballpark Ruling - You Can Sue if Hurt By Foul Ball (http://abclocal.go.com/wpvi/sports/71304-foulball.html)

Baseball fans can sue if they are injured by a foul ball around the concession areas in New Jersey's minor league ballparks, a state appeals court ruled.
Monday's decision permits a Newark man who was hit in the face by a ball while buying a beer at Newark's Bears & Eagles Riverfront Stadium to sue the team and the food service company.

The appellate panel said that while fans who attend sporting events assume some risk of balls flying into the stands, that standard should not apply while they are at concession areas ordering food or drink.

The judges said fans in those areas should have more protection because they can "let down their guard."

Louis Maisonave, 46, was struck in the face during a Newark Bears game on Aug. 26, 1999, while standing in front of a vending cart, talking with other fans and waiting to be served a beer.

While getting his money ready, he heard somebody yell, "Look out!" The person selling the beer ducked, and Maisonave was struck in the face, fracturing a bone.

[BornOfStardust]

If it's just in the concessions areas and not in the stands themselves, I guess it makes sense--being hit by something is probably the last thing on your mind when you're waiting in line to buy a beer. The title of this thread (and the linked article) is misleading in that regard. If the ruling were that you could sue if hit by a foul ball in the STANDS, then I'd have a problem with that.

Now, are these ballparks already required to have concessions in a more protected area? (It seems like most stadiums I've been to personally have concessions inside.) Or is this something they'll have to fix as a result of this ruling?

[SmackFu]

Seems like mostly a minor league issue. I've seen several parks that have a concession/picnic area out in foul territory. The idea is that you can get your food and sit at a table and eat while still watching the game. For instance, look at this picture (http://www.bridgeportbluefish.com/layout_images/main_header.jpg). All those rectangles under the "oo" on the far left past third base are picnic tables, and the concession line is against the wall with your back to the field. You could get whanged by the right foul.

[picker]

I know it's true here in Madison. The Madison Mallards (Link (http://www.mallardsbaseball.com) ) of the Northwoods League have a huge area of decking for 'VIP's - For $15 you get all you can eat, and for $25 all you can drink also (beer) right at the end of the park - in total home run territory. You could easily get knocked the f*ck out if you were standing there waiting for a beer.

One of my bands played there recently - directly in the line of fire, and I spent the entire show worrying if an errant ball wasn't going to land on the sound board or clock the lead singer....

[Magiver]

To me, the deciding factor would be the nature of the contact. If the ball is easily seen and reacted to then the fan is expected to deal with it. If it is a line drive at a short distance then the ball club should have netting up to protect the fans. The umpire, the catcher and the batter are all wearing protective gear because there is a high probability of getting hurt. The same principal, and responsibility, applies to protecting the fans. The stadium should be set up to protect the weakest of the normal clientele. Grandma and little Susie are as much a part of the fan base as Joe 6-cup.

Also, any statement on the back of the ticket that absolves the club from lawsuits is nonsense. You cannot write off your obligations.

Well that's my 2c anyway.