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 fan whose nose was fractured by a bat at a Brooklyn Cyclones game, a Brooklyn judge has ruled that the doctrine also extends to a bat “propelled” by a player either “warming up” or “horsing around.”
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