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Monday, March 08, 2010
The Flying Hotdog Lawsuit: Coomer v. Kansas City Royals

Over on Torts Prof Blog this morning, I have a guest post on the relationship between "game presentation", where teams and stadium operators try to keep fans entertained at every moment during the game (e.g., firing t-shirts up into the crowd during timeouts), and tort law.

I pay particular attention to Coomer v. Kansas City Royals, a lawsuit which centers on a Royals fan who was hit in the eye by a hotdog thrown by the Royals' mascot, Slugger.

Here's an excerpt from the post:

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We all know the expression, “It’s all fun and games till someone loses an eye.” Who would imagine that a hotdog could cause such an injury? According to Coomer, a hotdog indeed caused him a serious eye injury. He claims that he was a mere “few feet away” from Slugger when Slugger’s errant, behind-the-back throw led to Coomer’s left eye getting hit by a hot dog. Coomer suffered a detached retina and other eye damage. Coomer’s complaint doesn’t address how he could have been seated six rows up from third base yet only a “few feet” from Slugger, who was atop the third base dugout (maybe Slugger ventured up into the crowd or Coomer took a stroll down to field level, though the complaint doesn’t state so).

Coomer claims that as an invitee, he was owed the highest protection of safety, and that the Royals, through their employee—the unnamed artist performing as Slugger—failed to exhibit the requisite care. Coomer has also filed a battery claim.

The baseball rule, which was premised on dangers from actual baseball play, arguably should not apply to game presentation, which is about entertaining when play does not occur.

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To read the rest, click here.


Thanks for posting this. Please keep us current on how this plays out!

Anonymous Anonymous -- 3/09/2010 8:32 AM  

very well written and intriguing post, thanks author i would like to say something on injury compensation Just as an example: if you can prove that you were not given the adequate protective gear while you are working with asbestos at your working place an that induced you injury or sickness - such as Mesothelioma for instance - then we are talking about so called punitive damages.

A court is not always needed to achieve a claim settlement. In fact mot settlements are a result of a negotiation between your side and the defendant's side, which will be represented by a claim negotiator, whose job it is to lower the claim amount as much as possible. Needless to say that it is strongly advisable to a good lawyer representing you in these negotiations.

Blogger john..... -- 3/10/2010 8:05 AM  

Wow thats crazy. People will have to sign waivers saying they assume the risk of flying hotdogs....



Blogger Mikethelawstudent -- 6/20/2010 10:46 PM  

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