If you are injured by a foul ball at Yankee Stadium, New York’s “baseball rule” may limit your ability to hold the stadium responsible. The rule generally protects baseball stadium operators from liability for injuries caused by inherent and commonly understood risks of watching the game, including foul balls entering the stands.

However, the baseball rule does not give Yankee Stadium blanket protection from every personal injury claim. Injuries involving defective property, unsafe conditions, or risks beyond those inherent in watching baseball can raise different liability questions.

What Does New York’s Baseball Rule Cover?

New York’s baseball rule primarily applies to injuries caused by inherent risks of attending a baseball game. Spectators are generally considered to accept commonly understood risks associated with watching the sport, including the possibility of a foul ball entering the seating area.

New York courts have traditionally held that ballpark operators satisfy their duty regarding foul balls by providing protective screening in the area behind home plate and enough protected seating for spectators reasonably expected to want it. Stadium operators are not required to eliminate every risk associated with attending a baseball game.

The rule does not mean spectators assume risks that are concealed, unreasonably increased, or unrelated to baseball itself.

How Does New York’s Assumption of Risk Law Affect a Claim?

New York law recognizes assumption of risk when determining responsibility for certain injuries. Under New York CPLR § 1411, a person’s contributory negligence or assumption of risk generally does not automatically prevent recovery. Instead, damages can be reduced according to the person’s share of responsibility.

New York courts continue to recognize a more limited primary assumption-of-risk doctrine for athletic and recreational activities. In that context, the doctrine can define the scope of the duty owed for risks inherent in the activity.

For a Yankee Stadium injury, this means the exact cause of the accident matters. Being struck by an ordinary foul ball presents a different legal question from being injured by a hazard that is not inherent to watching baseball.

Does the Baseball Rule Cover Every Injury at Yankee Stadium?

No. The baseball rule does not automatically prevent someone from bringing a claim simply because an injury occurred during a Yankees game. Claims involving dangerous property conditions may fall outside the risks spectators ordinarily accept when attending baseball games.

Examples could include injuries involving unsafe stairs, broken seats, defective railings, poorly maintained walking surfaces, or other hazards unrelated to the action on the field.

Rosenbaum Meier Personal Injury Lawyers has recovered tens of millions of dollars for injured clients. The firm’s attorneys can investigate what caused an injury at Yankee Stadium and determine whether the baseball rule, premises liability principles, or other New York laws apply.

How Long Do You Have to File a Yankee Stadium Injury Lawsuit?

In New York, you generally have three years to file a personal injury lawsuit based on negligence. New York CPLR § 214 establishes a three-year limitations period for personal injury actions, including ordinary negligence claims.

Different or shorter deadlines can apply depending on who is legally responsible for the property and the circumstances of the claim. For that reason, an injured spectator should not assume that the standard three-year deadline will necessarily apply.

Waiting can also make an injury claim harder to prove, as surveillance footage, witness information, and other evidence may become more difficult to obtain.

Frequently Asked Questions

Can I Sue Yankee Stadium if a Foul Ball Hits Me?

A claim may be difficult because foul balls are considered an inherent risk of attending a baseball game. The circumstances of the injury and protective screening can still matter.

Does the Baseball Rule Apply to Slip and Fall Accidents?

Not necessarily. A slip and fall caused by a dangerous property condition presents different legal issues from an injury caused by an inherent risk of baseball.

Can My Own Actions Reduce My Compensation?

Yes. Under CPLR § 1411, compensation can be reduced in proportion to an injured person’s share of fault.

Contact a Bronx Personal Injury Lawyer at Rosenbaum Meier Personal Injury Lawyers

An injury at Yankee Stadium does not automatically mean the baseball rule prevents you from seeking compensation. The cause of the injury and the circumstances surrounding it determine which New York laws may apply.

Contact Rosenbaum Meier Personal Injury Lawyers for a free consultation to discuss your injury and legal options with a Bronx personal injury lawyer.

We have three convenient locations around Manhattan, NY, near you in New York City, The Bronx, and Brooklyn.

Rosenbaum Meier Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor, New York, NY 10005
(212) 514-5007

Ride there with Uber

Rosenbaum Meier Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
(212) 514-5007
(917) 905-2339

Ride there with Uber

Rosenbaum Meier Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332

Ride there with Uber

About the Author

Craig D. Rosenbaum is licensed to practice in New York. He is part of the New York State Trial Lawyers Association and the American Association of Justice. Click here to view some of the amazing case results that Craig has successfully handled.

Location: Manhattan, Brooklyn & Bronx.

Justia / Avvo / LinkedIn / BBBYelp / Facebook

Attorney Craig D. Rosenbaum