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N.J. high court okays foul-ball suit

A classic application of the assumption-of-risk doctrine was the rule that ballpark owners were not liable when a foul ball hit into the stands injured a fan. But assumption of risk has been less than popular in the law schools for a long time, and is under constant pressure from the plaintiff's bar, which would like to curtail or eliminate it. Now, per Law.com, the New Jersey Supreme Court has rolled back the foul-ball rule as regards parts of a stadium devoted to concessions, mezzanines and so forth, though apparently not (yet) seating areas. One likely result: more installation of netting and other screening, even if it impairs fans' viewing experience.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.