Taking A Swing At The 'Baseball Rule'

Law360, New York (September 17, 2013, 7:26 PM EDT) -- 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....

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