Hot Dog Hits Fan in the Eye at a Baseball Game – Who is Responsible?

A hot dog thrown by the Kansas City Royals team mascot hit a fan in the eye during a game in 2009.  The injured fan required a couple of surgeries and incurred medical expenses close to $5,000.  His vision is not quite as good as it was before the accident. The fan sued the Royals two years ago, but lost.  The jury found the fan to be at fault for his own injury because he wasn’t aware of what was going on around him.

“In other words, he should have been on the lookout for flying hotdogs! (?)” says Virginia personal injury lawyer Doug Landau.

An appeals court overturned that decision in January 2013, however, ruling that while being struck by a baseball is an inherent risk fans assume at games, being hit with a hotdog isn’t.

“Aha!  There was no way for the fan to have anticipated a flying hot dog,” says Landau!

With the case now in the hands of the Missouri Supreme Court, the issue of the “baseball rule” is under close scrutiny.  The outcome of this case is being watched by teams all across the country.

What is the “Baseball Rule?”

The baseball rule is a legal standard that protects teams from being sued over fan injuries caused by events on the field, court, or rink.  In plain English, it means that a fan accepts the risks that are inherent with watching a live sporting event  — and that the fan may not sue the team if injured by any action or event that is considered an inherent part of the game.

Are the Actions of a Team Mascot Inherent to the Game?

Specifically in this case, is being hit by a hot dog an inherent risk of watching a baseball game? Industry experts have noted that as ticket prices for attendance at sporting events have risen, teams feel they must make watching a game more of a total experience — hence you have mascots doing all they can to engage the crowd.  Some would argue that a dancing, cheering, racing, and object-throwing mascot is now part of the overall experience. The decision of the Missouri Supreme Court will establish a precedent for future cases of this nature.  We will be watching closely. If you or someone you know has been injured while attending a live sporting event and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).