Vol. 8 No. 2, Spring 2017; Injuries from Foul Balls, Broken Bats, and Railing Fall-Overs: Who is Liable?
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Every Major League Baseball season ends with multiple injuries, if not casualties, resulting from flying baseball bats and baseballs entering the stands at unimaginable speeds, or eager spectators falling over the railings trying to catch a souvenir. The Illinois Baseball Facility Liability Act addresses who is liable when these unfortunate situations occur. However, the Act fails to give concrete safeguards that could be implemented in professional baseball stadiums to help alleviate some of the injuries that continue to occur. Additionally, the Act fails to give those unfortunate victims of these injuries or casualties a clear idea as to when they would be successful in a legal action against the ballpark. Re-writing the Illinois Baseball Facility Liability Act could make it clear to both the victims, as well as the ballpark personnel, as to what safeguards are required at the professional ball-parks, as well as who is liable when injuries do occur.