Tag Archives: ‘baseball rule”

Negligence Standard or Recklessness Standard – Which Standard of Care Applies to Injured Spectator of a Snowmobile Race?

By Doyice Cotten

Spectators Tory Baughan and Megan MacNeill were injured while watching a snowmobile “hillclimb” racing event. They were in the designated, but unprotected, spectator area when one of the racers became dismounted from his Polaris snowmobile on his way up the hill. The driverless snowmobile continued to travel back down the hill at a high rate of speed before colliding with plaintiffs. Baughan sued claiming negligence, premises liability, gross negligence, and willful and wanton misconduct (Baughan v.

“Baseball Rule” under “Attendant Circumstances” in Ohio

By Doyice Cotten
In a recent Ohio case, an appellate court looked at the “Baseball Rule.” The “Baseball Rule,” which has been followed in most jurisdictions, limits the landowner duty of care owed to spectators at baseball games to providing reasonable protection in the form of screening behind home plate. Those spectators choosing to view the game in an unscreened area assume the open and obvious risk of being struck by balls entering the stands in the ordinary course of play,