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“Taking A Swing At The ‘Baseball Rule'”

On September 17, 2013 by Schnader

Matthew J. Kelly, Jr. and Samuel W. Silver authored the article “Taking A Swing At The ‘Baseball Rule’” in the September 17, 2013 edition of Law360. The article provides an analysis of the case Martinez v. Houston McLane Co. LLC, which pertains to the injuries suffered by a fan who was struck by a batted ball that went into the stands at a Houston Astros baseball game in 2009. At issue is plaintiff’s challenge on the limited-duty rule protecting defendants like the Astros – the “baseball rule.” In Texas and most other jurisdictions, a stadium owner or operator – including towns, schools or any entity that operates a ballpark – owes only a limited duty to spectators to protect them from baseballs hit into the stands.