• Texas Plaintiff Takes Another Swing at the "Baseball Rule"
  • August 26, 2013 | Authors: Matthew J. Kelly; Samuel W. Silver
  • Law Firms: Schnader Harrison Segal & Lewis LLP - New York Office ; Schnader Harrison Segal & Lewis LLP - Philadelphia Office
  • For many, excitement at the ballpark includes the possibility, however remote, of a batted ball heading into the awaiting throngs in the stands. Because this is considered an ordinary part of the game that fans expect, if not embrace, the “baseball rule” of limited liability has protected stadium owners and operators for decades, making it all but impossible for a fan to recover when struck by a batted ball. Plaintiff Shirley Martinez is down to her last strike in her effort to change the rules of the game, having recently filed a petition for rehearing before the Texas Supreme Court.