Following up on the discussion of fan injuries a couple of weeks ago comes a new ruling — from New York – holding that the fan’s assumption of the risk at a ballpark extends to assuming the risk that they might get hit by a flying bat while a player is screwing around during warmups:
“Plaintiff asserts that the authority cited by movant supports the mere proposition that a spectator assumes only commonplace risks — such as, the risk of a loose bat or ball reaching the stands during the game or batting practice — associated with attending a baseball game. Plaintiff argues that, here, in contrast, it was not commonplace for the subject player to horse around with the subject bat during no organized batting activity, either during the game or practice beforehand . . . The contention that summary judgment should be denied because the subject player was ‘horsing around’ and not engaged in batting practice when the subject bat became loose implies that primary assumption of risk applies only during certain distinct times while attending a baseball game. This implication is false.”
So basically, the Philly Pfanatic can juggle flaming chainsaws, and you’re gonna just have to watch your ass, dudes.
(thanks to Jack Marshall for the heads up)