Every baseball fan -- or at least every attorney who follows baseball -- knows that under the doctrine of assumption of the risk a team is not liable for fans injured by, say, foul balls or broken bats. Now, in a suit filed by a New York fan whose nose was fractured by a bat during a Brooklyn Cyclones pregame, a New York judge has ruled that the doctrine also extends to a bat "propelled" by a player either "warming up" or "horsing around."
Broken-Nosed Fan Assumed Injury Risk During Pregame Warm-Up, N.Y. Judge Finds
New York Law Journal
September 3, 2009