Recent Baseball Case
A New York court recently threw-out a case where an injured baseball fan sued for being hit by part of a wood bat. The New York courts strictly apply the limited duty rule for facility owners. This plaintiff tried to claim that there was a greater risk of injury to fans from broken bats because MLB has identified some bats as more likely to break. The maple bat in this case is a type that has broken more frequently then ash bats. The court felt the type of bat was not the issue, but whether the plaintiff was sitting in an unprotected seat, and the court did not think there needed to be any additional screened protection.