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Cockerill, Craig & Moore, LLC | Attorneys At Law
856-429-1060
  • Home
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    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
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    • Child Support
    • Child Custody And Visitation
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    • Domestic Violence
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    • Prenuptial Agreements
  • Civil Litigation
    • Consumer Protection
    • Mold & Construction Defect Claims
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    • 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
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    • Catastrophic And Disabling Injuries
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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.

FERPA AND PARENTAL ACCESS TO A COLLEGE STUDENT’S GRADES

On Behalf of Cockerill, Craig & Moore, LLC | Oct 10, 2014 | Firm News

NEW JERSEY FERPA ATTORNEYS Under the terms of the Family Educational Rights and Privacy Act (FERPA), the release of academic records is restricted. Passed in 1974 and sometimes referred to as the “Buckley Amendment,” FERPA was passed in order to protect the privacy...

DON’T BECOME A SCAM VICTIM.

On Behalf of Cockerill, Craig & Moore, LLC | Aug 25, 2014 | Firm News

It has come to our attention that local residents, including a Medford Lakes, New Jersey grandmother, have been victimized by swindles that demand that they make a payment through Green Dot MoneyPak or other reloadable debit cards. These scams have included callers...

WHAT HAVE I WAIVED – OR NOT WAIVED – WHEN I SIGN A WAIVER FOR MY HEALTH CLUB?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 20, 2014 | Firm News

In a published decision on August 18, 2014, the New Jersey Appellate Division added a new perspective on the scope of a waiver contained in a health club membership contract.  In Walters v. YMCA, A-1062-12T3 the Appellate Division reversed a decision granting summary...

TRAINS AND CARS DON’T MIX

by [email protected] | Mar 28, 2014 | Firm News

We represent people injured in accidents, including car accidents involving freight and passenger trains.  Last month a couple from Hamilton was killed after a River Line train struck their car, which was on the tracks at the time. According to NJ Transit, the driver...

MOUNT LAUREL, NEW JERSEY – MEDICAL EXPERTS AND RECORDS SEMINAR

On Behalf of Cockerill, Craig & Moore, LLC | Mar 27, 2014 | Firm News

MEDICAL EXPERTS AND RECORDS SEMINAR On June 18, 2014 I will be part of a distinguished panel of experienced litigators addressing Medical Experts and Records for the National Business Institute. This is a full day program offering 7.2 NJ CLE credits including 1.2...

CIVIL LITIGATION ATTORNEYS

On Behalf of Cockerill, Craig & Moore, LLC | Mar 10, 2014 | Firm News

CIVIL LITIGATION LAWYERS Whether it’s guarding the rights of individuals or businesses involved in motor vehicle accident claims, boat owners or marinas insured under marine insurance policies, amusement park owners, or public entities (including towns, cities and...

CAR ACCIDENT INVESTIGATION AND PERSONAL INJURY

On Behalf of Cockerill, Craig & Moore, LLC | Mar 7, 2014 | Firm News

When a car crash or other motor vehicle accident happens and people suffer serious injuries or are killed, accident reconstruction and accident investigation is common. Generally, the police and independent private investigators will perform the investigation. Police...

FERRY ACCIDENT THAT INJURED SEVEN UNDER INVESTIGATION

On Behalf of Cockerill, Craig & Moore, LLC | Feb 24, 2014 | Firm News

Ferries are a way to get to work for tens of thousands of people every day in the New York City area.  The vast majority of ferry trips are done safely and without incident, however accidents happen. If you’re involved in a ferry accident, Jeffrey Craig can help. The...

LESSON FOUR: DIRECT EXAMINATION – THE LAWYER / WITNESS TANGO

On Behalf of Cockerill, Craig & Moore, LLC | Feb 10, 2014 | Firm News

For an attorney direct examination is more difficult to do effectively than cross-examination. Cross examination is the trial lawyer’s equivalent of the home run or the booming drive down the middle of the fairway while direct examination is like bunting a runner into...

FOOTBALL, BEER AND THE DRAM SHOP ACT – WHO IS RESPONSIBLE WHEN A DRUNKEN FAN GETS BEHIND THE WHEEL?

On Behalf of Cockerill, Craig & Moore, LLC | Feb 2, 2014 | Firm News

If a drunk driver causes an accident and someone is harmed, normally that driver is held responsible for paying for damages and compensation for injuries. Depending on the circumstances, who served that driver the alcohol, may also be legally responsible. NEW JERSEY’S...

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