Baseball, Hot Dogs, Apple Pie, and Hold Harmless Agreements

There is a story coming out of Lakewood, NJ, about 10-year-old Alexis Pavlinec who, while attending a BlueClaws minor league baseball game with her parents on Sunday, was struck in the face by a foul ball. The young lady suffered a fractured skull, and may lose her sense of smell.

She wasn’t even the stands at the time. She’d just finished eating a slice of pizza in the food court.

Did Someone Say Lawsuit?

Now, I know many of you are thinking she and her family are going to win a huge lawsuit from the team. Sorry to say it, but a winning lawsuit probably won’t  happen in your lifetime.

Or your grandchildren’s.

I want to you look at the back of your ticket the next time you attend a baseball game, go to a movie, or attend the opera.  See those tiny squiggles on the back of your ticket, so tiny even people blessed with 20/20 vision have to squint. Well, that is the proverbial fine print. And if you look really hard, you will usually see a section named “Warning.”

A Day At MCU Park

I and several other business associates had the pleasure of attending the short-season minor baseball game between the Brooklyn Cyclones and the Tri-City Valley Cats at Brooklyn’s MCU Park, located in Coney Island, Brooklyn.

We were guests of Anne Marie Stanislaus, Broker and Owner of Reserved Realty, L.L.C., on the Party Deck at a BNI Networking Party. Those of you who are regular readers of BrooklynCovered.com know Anne Marie is always good for a tough insurance question, and a pizza on me at Cataldo’s Restaurant. This time, however, the food was on her and her fellow BNI members.

While we were talking, (and eating), the Cyclone batter at the plate cracked a foul ball all the way to the suite level, where we were eating and cheering.

Sensing the opportunity for another insurance lesson, I said, “Anne Marie, you’d better watch out for those foul balls.”

“Why?” she asked. “You know I want to catch one.”

“Well, don’t miss the catch. If you do, and a ball smacks you upside the head, you can’t sue the Cyclones, the Mets, the City of New York, nobody.”

“You’re lying to my face, Greaves.”

Let’s Go To The Video … I Mean Ticket

So I took out my ticket, and squinting like Mr. Magoo, began to read;

“WARNING – The ticketholder assumes all risk, danger and injury incidental to the game of baseball or other event and all warm-ups, practices, competitions, entertainment and promotions associated therewith  at all locations in and around the ballpark and surrounding areas and parking lots, whether occurring prior to, during or subsequent to the playing of the game or other event, including (but not limited to ) the danger of thrown bats, fragments thereof, and thrown , propelled or batted balls and other objects, and agrees that no persons or entities (including but not limited to Sterling Mets, L. P. , Sterling Mets Front Office, L.L.C., Sterling Mets Operations, L.L.C., Queens Ballpark Company, L.L.C., Sterling Facility Services, L.L.C., CF Hospitality, L.L.C., Brooklyn Baseball Company, L.L.C., the City of New York,, NYCIDA, St. Lucie County, and their respective agents, owners, officers, employees, affiliates and contractor(s) are liable for any injuries, death, or loss of property resulting from such causes, and releases and hold harmless all such persons and entities. “

“And you’re saying all that to say, what?”

“Foul ball screaming into the stands at 200 mph connects with your head and you die, they have no liability. Player loses control of their bat and it flies into the stands and breaks your face, they have no liability. A ball leaves the ballpark and puts a dent in or shatters the windshield of your new car in the parking lot, they have no liability. You get mugged in the parking lot, or your car is broken into or stolen from the parking lot, well, you have no coverage. Since you activated this ticket by presenting it for admission to today’s game, you’ve agreed to hold all of those organizations harmless for just about anything that could happen to you while you’re enjoying a day at the ballpark. And you weren’t even read your rights.”

What Are The Odds?

“So a little girl  could suffer the loss of her sense of smell and possible disfiguration for the rest of her life? And the family has no legal leg to stand on?”

“Yep. Let’s just be thankful she didn’t die from the impact. According to Major League Baseball, there are 35 people are injured by foul balls for every one million visitors who attend the games. Not bad odds, but if it’s you or someone you love who’s hit, the results could be devastating.”

“That’s not right, Greaves.”

“Yes, and I’m 5′ 10″ instead of 6′ 2. Life is just unfair that way.”

So, the next time you attend an event, take a moment to take a hard look at the back of your ticket, and see the rights you’ve given up just to be there. And watch out for those foul balls.