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Cockerill, Craig & Moore, LLC | Attorneys At Law
856-429-1060
  • Home
  • About
    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
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    • Alimony
    • Child Support
    • Child Custody And Visitation
    • Divorce
    • Domestic Violence
    • Fertility And Assisted Reproductive Law
    • Prenuptial Agreements
  • Civil Litigation
    • Consumer Protection
    • Mold & Construction Defect Claims
    • Employment Law
    • Employer Consulting And Litigation
    • Litigation & Defense
    • Tort Claims Public Entity Defense
  • Personal Injury
    • Auto Accidents
    • Motorcycle Accidents
    • Trucking Accidents
    • Pedestrian and Bicycle Accidents
    • Premises Liability Claims / Slip – And – Fall Accidents
    • Dog Bites / Animal Attacks
    • Catastrophic And Disabling Injuries
    • Wrongful Death
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Strength. Strategy. Solutions.

HOW IS THE APPLICATION OF THE “BASEBALL RULE” AFFECTED BY THE EXPANSION OF NETTING IN MAJOR LEAGUE BALLPARKS?

On Behalf of Cockerill, Craig & Moore, LLC | Apr 25, 2016 | Firm News |

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Major League Baseball this past off-season issued a recommendation that all teams lengthen the safety netting at ballparks to increase fan safety.  http://m.mlb.com/news/article/159233076/mlb-issues-recommendations-on-netting.  Tampa Bay was one of the teams that heeded the new recommendations; “I don’t think we’re taking anything away from the fans who are there,” said Rays vice president of operations/facilities Rick Nafe. “My own personal observation — I have sat in seats in that area that are unprotected by a net, and I tend to enjoy the game a lot more when I know there’s a net in front of me. You know, some of those seats you have to pay attention constantly. That’s just a personal opinion. But I don’t think we’re going to be taking anything away from the fans.”  http://m.mlb.com/news/article/159233076/mlb-issues-recommendations-on-netting.

Despite their best intentions, a Rays fan was struck and seriously injured by a baseball fouled by a Rays player that passed through the protective netting and struck her in the face.  http://abcnews.go.com/Sports/fan-rays-game-struck-foul-ball-protective-netting/story?id=38442152

Apparently, at the bottom of the seam where the new netting joined the old, triangular gaps were left to provide access to the camera wells. The gaps angled sideways from the field, and the width of the opening facing the field was no more than 6 inches, which made it seemingly unlikely for a ball to get through. http://www.tampabay.com/news/fan-struck-by-foul-ball-is-in-the-hospital-rays-add-netting-to-close-gap/2273551  The Rays have already taken steps to close off those gaps, and the injured fan is recovering from facial injuries that required surgery.

The “Baseball Rule” has long protected baseball teams, as well as hockey teams and other sports from lawsuits for injuries suffered by fans when they are struck by projectiles that leave the field of play or rink.  It is a specialized negligence rule that has been in effect since the early twentieth-century.  Patrons who chose unprotected seating areas were routinely denied recovery.  Such decisions based their decisions on two facts: that the danger of errant balls was common knowledge and that spectators sitting in unscreened seats assumed the risk of injury. See, e.g., Brisson v. Minneapolis Baseball & Athletic Ass’n, 185 Minn. 507, 240 N.W. 903 (1932); Kavafian v. Seattle Baseball Ass’n, 107 Wash. 249, 181 P. 677 (1919). Thus, the rule established a fact-specific standard of care for injuries caused by errant balls at baseball stadiums by accounting for the open and obvious nature of the risk that batted balls pose to fans.  Maisonave v. Newark Bears Prof’l Baseball Club, Inc., 185 N.J. 70, 78 (2005).

NEW JERSEY AND THE BASEBALL RULE

In New Jersey and several other states, the operator of a sports venue must provide protected seating “sufficient for those spectators who may be reasonably anticipated to desire protected seats on an ordinary occasion,” and second, the operator must provide protection for spectators in “the most dangerous section” of the stands. The second component of this limited duty may ordinarily be satisfied by the operator providing screened seats behind home plate in baseball and behind the goals in hockey. New Jersey follows a hybrid approach, patrons in the seating areas of a stadium are subject to the limited duty “Baseball Rule”,  while those in other areas of the venue are protected by the business invitee rule, which provides that a landowner “owe[s] a duty of reasonable care to guard against any dangerous conditions on his or her property that the owner either knows about or should have discovered.” Maisonave v. Newark Bears Prof’l Baseball Club, Inc., 185 N.J. 70, 85 (2005) Where the operator of a stadium provides screened seats for the members of the public that desire such protection, and the protection fails, is the operator liable for the injuries that result?  The answer is determined by the particular facts of the incident.  A Florida jury may have to determine whether leaving the triangular gap described in Marc Topkin’s story for the Tampa Bay Times constituted a failure by the Rays to take reasonable care to protect their patrons.  If this happened in New Jersey and you were a juror – what would you decide?

Contact CockerillCraigMoore Law

If you have a concern about your legal rights, remedies, and obligations contact the experienced lawyers of Craig Annin & Baxter, LLP.

When a Victim of a Car Accident Should Talk to an Attorney

On Behalf of Cockerill, Craig & Moore, LLC | Oct 14, 2019 | Firm News

If you have been the victim of a car accident we wish you a swift and uncomplicated recovery. Pursue appropriate treatment from your primary care provider and follow their recommendations for treatment and specialists to see. Along with getting medical treatment for...

Municipal Entity Representation: Why They Need Lawyers Too

On Behalf of Cockerill, Craig & Moore, LLC | Oct 7, 2019 | Firm News

If you have been elected to a position on a governing body, congratulations and condolences. This may be your first elected position and you may find that the adage, be careful what you wish for, is all too true. Governing a municipality is a challenging undertaking;...

RED FLAG LAWS: WHAT ARE THEY AND DO WE HAVE ONE IN NEW JERSEY?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 12, 2019 | Firm News

The national debate about gun control includes the prospect of Congress taking up consideration of expanded background checks and “red flag” laws.  You might wonder what a “red flag” law is and how it may apply.  New Jersey has a red flag law called the “Extreme Risk...

Contact the Firm of Craig Annin & Baxter for More Info

On Behalf of Cockerill, Craig & Moore, LLC | Jul 25, 2019 | Firm News

Boating season is here, and this means good times out on the water. It also brings with it a serious responsibility for your own safety as well as the safety of your family. There are certain precautions that you will need to take in order to stay completely safe out...

WHEN CAN FINANCIAL PENALTIES BE USED TO DETER NON-COMPLIANCE WITH A MARITAL SETTLEMENT AGREEMENT?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 19, 2019 | Firm News

20-2-2066 Holtham v. Lucas, N.J. Super. App. Div. (Ostrer, J.) (18 pp.) Plaintiff appealed from the trial court’s order requiring him to pay defendant $150 per day of plaintiff’s non-compliance with a provision of the parties’ marital settlement agreement that...

SPOUSAL SUPPORT IN NEW JERSEY: WHAT ARE THE REQUIREMENTS?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 11, 2019 | Firm News

Spousal support, sometime called alimony, may be ordered in New Jersey divorces in certain situations. An order for spousal support is not guaranteed, so you should consider consulting with the Woodbury family lawyers from Craig Annin & Baxter if you believe...

Splitting the Equity in My Home During a Divorce

On Behalf of Cockerill, Craig & Moore, LLC | Jun 18, 2019 | Firm News

Are you planning to divorce your spouse? One of the most important things to keep in mind is that you will need to divide up the equity in your home. Equity can be defined as the difference between the value of your home and the amount of money that you still owe on...

How Long Does a Personal Injury Case Usually Take?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 11, 2019 | Firm News

Personal injuries lawsuits are unfortunately common. We say unfortunately because we don’t like the fact that there are people out there who are still getting injured through no fault of their own. Our crowded streets make these events more likely to occur. We...

New Jersey Courts Address Parental Liability for Underage Drinking and Going Forward Imposes Liability on Underage Adults Who Host

On Behalf of Cockerill, Craig & Moore, LLC | Jun 7, 2019 | Firm News

On June 6, 2019 the New Jersey Superior Court’s Appellate Division, the intermediate appeals court, decided whether homeowners whose children consume alcohol and allow other underage adults to consume alcoholic beverages  at their home are liable for resulting...

A New Jersey state court entered a $27.65 million judgment for UFC

On Behalf of Cockerill, Craig & Moore, LLC | Jun 6, 2019 | Firm News

A New Jersey state court entered a $27.65 million judgment for UFC middleweight contender Yoel Romero following a damages trial involving a tainted training supplement that led to a suspension and lost professional opportunities, his legal team said today. Entered by...

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