{"id":4638,"date":"2013-11-27T02:39:55","date_gmt":"2013-11-27T02:39:55","guid":{"rendered":"https:\/\/landauinjurylaw.com\/theathleteslawyer\/?p=4638"},"modified":"2013-11-27T02:39:55","modified_gmt":"2013-11-27T02:39:55","slug":"hot-dog-hits-fan-in-the-eye-at-a-baseball-game-who-is-responsible","status":"publish","type":"post","link":"https:\/\/landauinjurylaw.com\/theathleteslawyer\/2013\/11\/27\/hot-dog-hits-fan-in-the-eye-at-a-baseball-game-who-is-responsible\/","title":{"rendered":"Hot Dog Hits Fan in the Eye at a Baseball Game &#8211; Who is Responsible?"},"content":{"rendered":"<p>A hot dog thrown by the Kansas City Royals team mascot hit a fan in the eye during a game in 2009.\u00a0 The injured fan required a couple of surgeries and incurred medical expenses close to $5,000.\u00a0 His vision is not quite as good as it was before the accident.<\/p>\n<p>The fan sued the Royals two years ago, but lost.\u00a0 The jury found the fan to be at fault for his own injury because he wasn&#8217;t aware of what was going on around him.<\/p>\n<blockquote><p>&#8220;In other words, he should have been on the lookout for flying hotdogs! (?)&#8221; says Virginia personal injury lawyer Doug Landau.<\/p><\/blockquote>\n<p>An appeals court overturned that decision in January 2013, however, ruling that while being struck by <!--more-->a baseball is an inherent risk fans assume at games, being hit with a hotdog isn&#8217;t.<\/p>\n<blockquote><p>&#8220;Aha!\u00a0 There was no way for the fan to have anticipated a flying hot dog,&#8221; says Landau!<\/p><\/blockquote>\n<p>With the case now in the hands of the Missouri Supreme Court, the issue of the &#8220;<strong>baseball rule<\/strong>&#8221; is under close scrutiny.\u00a0 The outcome of this case is being watched by teams all across the country.<\/p>\n<h3>What is the &#8220;Baseball Rule?&#8221;<\/h3>\n<p>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.\u00a0 In plain English, it means that a fan accepts the risks that are inherent with watching a live sporting event\u00a0 &#8212; 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.<\/p>\n<h3>Are the Actions of a Team Mascot Inherent to the Game?<\/h3>\n<p>Specifically in this case, is being hit by a hot dog an inherent risk of watching a baseball game?<\/p>\n<p>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 &#8212; hence you have mascots doing all they can to engage the crowd.\u00a0 Some would argue that a dancing, cheering, racing, and object-throwing mascot is now part of the overall experience.<\/p>\n<p>The decision of the Missouri Supreme Court will establish a precedent for future cases of this nature.\u00a0 We will be watching closely.<\/p>\n<p>If you or someone you know has been injured while attending a live sporting event and there are questions as to what laws apply, <a title=\"email front desk\" href=\"https:\/\/www.landaulawshop.com\/contact.asp\" target=\"_blank\">email<\/a> or call <a title=\"landau law shop web site\" href=\"https:\/\/www.landaulawshop.com\" target=\"_blank\">Abrams Landau, Ltd<\/a>. at once (703-796-9555).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A hot dog thrown by the Kansas City Royals team mascot hit a fan in the eye during a game in 2009.\u00a0 The injured fan required a couple of surgeries and incurred medical expenses close to $5,000.\u00a0 His vision is not quite as good as it was before the accident. The fan sued the Royals&hellip;<\/p>\n<p><a class=\"more-link\" href=\"https:\/\/landauinjurylaw.com\/theathleteslawyer\/2013\/11\/27\/hot-dog-hits-fan-in-the-eye-at-a-baseball-game-who-is-responsible\/\" title=\"Continue reading &lsquo;Hot Dog Hits Fan in the Eye at a Baseball Game &#8211; Who is Responsible?&rsquo;\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[107,2117,2118,2223,2965,3110,3933,3934,4746,4840,5524,5537,5725],"class_list":["post-4638","post","type-post","status-publish","format-standard","hentry","category-cases","tag-abrams-landau-ltd","tag-fan-injured-at-sporting-event","tag-fan-injury-at-baseball-game","tag-flying-bat-at-baseball-game","tag-injured-spectator","tag-kansas-city-royals-fan-injured-by-flying-hot-dog","tag-personal-injury-lawyer-doug-landau","tag-personal-injury-lawyer-virginia","tag-spectator-injury-at-ballpark","tag-sports-spectator-injury","tag-virginia-personal-injury","tag-virginia-spectator-injury-lawyer-doug-landau","tag-who-is-at-fault-in-spectator-injury"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v26.6 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Hot Dog Hits Fan in the Eye at a Baseball Game - Who is Responsible? - Sports Injury Law<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/landauinjurylaw.com\/theathleteslawyer\/2013\/11\/27\/hot-dog-hits-fan-in-the-eye-at-a-baseball-game-who-is-responsible\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Hot Dog Hits Fan in the Eye at a Baseball Game - Who is Responsible? - Sports Injury Law\" \/>\n<meta property=\"og:description\" content=\"A hot dog thrown by the Kansas City Royals team mascot hit a fan in the eye during a game in 2009.\u00a0 The injured fan required a couple of surgeries and incurred medical expenses close to $5,000.\u00a0 His vision is not quite as good as it was before the accident. 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