The entrance to the Executive Club has no warning signs regarding the dangers of being hit by foul balls. However, the back of Rountree’s ticket stated that, “THE HOLDER ASSUMES ALL RISK AND DANGERS INCIDENTAL TO THE GAME OF BASEBALL INCLUDING SPECIFICALLY (BUT NOT EXCLUSIVELY) THE DANGER OF BEING INJURED BY THROWN OR BATTED BALLS.” Rountree asserted he never read the back of his ticket prior to the injury.
The stadium owner asked the Supreme Court to adopt the so-called “Baseball Rule” recognized by the courts of many states. The majority rule that has emerged from these various cases is that “an owner of a baseball stadium has a duty to screen the most dangerous part of the stadium and to provide screened seats to as many spectators as may reasonably be expected to request them on an ordinary occasion.”
The Supreme Court stated that the precise duty owed by stadium owners and operators to spectators struck by foul balls had never previously been decided by the courts of Idaho. The Court noted that a majority of jurisdictions to consider the issue have limited this duty by adopting some variation of the Baseball Rule. Though many variations exist, the most common formulation of the Baseball Rule is that stadium owners and operators must provide screened seats for as many as may be reasonably expected to call for them on any ordinary occasion. The rationale behind this rule is put bluntly by the opinion of one Ohio Court: “it is common knowledge that in baseball games hard balls are thrown and batted with great swiftness” and “they are liable to be thrown or batted outside the lines of the diamond.” That Court therefore concluded that “due care on the part on the management does not require all of the spectators to be screened in; that the management performs its duty toward the spectators when it provides screened seats in the grand stand and gives spectators the opportunity of occupying them.”
Nevertheless, the Idaho Supreme Court held that the Baseball Rule would not be imposed in Idaho by court decree. Instead, it will be up to the Idaho legislature to decide whether existing negligence law should be changed as applied to baseball games. Therefore Plaintiff Roundtree will be allowed to proceed to trial under the normal and customary laws of negligence.