Summary
The Supreme Court of New Jersey held that the limited duty rule for injuries caused by baseballs applies to spectators in the stands, including access stairs and dedicated standing areas. Traditional negligence principles, including the business invitee rule, apply to injuries occurring elsewhere in the stadium, such as concourses and mezzanines. The court affirmed as modified and remanded for application of those standards.
Holdings
- The limited duty rule applies to injuries occurring in the stands, including stairs accessing the stands and adjacent standing-room-only areas dedicated solely to viewing the game, but does not apply to multipurpose areas such as concourses and mezzanines.
- In the stands, stadium owners and operators must provide protected seating sufficient for spectators reasonably anticipated to desire protected seats on an ordinary occasion and must provide protection in the most dangerous sections of the stands.
- For injuries caused by foul balls in areas outside the stands, including concourses and mezzanines, the applicable standard is the traditional business-invitee rule requiring reasonable care to guard against dangerous conditions the owner knows about or should have discovered.
Questions Presented
- Whether the limited duty rule governing baseball-stadium operators applies to injuries occurring outside the stands.
- Whether traditional negligence and business-invitee principles govern injuries caused by foul balls in concourses, mezzanines, and other nonseating areas.
- What duty stadium owners and operators owe spectators in the stands with respect to protection from batted or thrown balls.
Disposition
remanded
Cases Cited (21)
- Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 625 A.2d 1110 (1993)(followed)
- Schneider v. American Hockey & Ice Skating Center, Inc., 342 N.J. Super. 527, 777 A.2d 380 (App. Div.), certif. denied, 170 N.J. 387, 788 A.2d 772 (2001)(adopted in part)
- Crawn v. Campo, 136 N.J. 494, 643 A.2d 600 (1994)(followed)
- Jones v. Three Rivers Management Corp., 483 Pa. 75, 394 A.2d 546 (1978)(followed as persuasive authority)
- Akins v. Glens Falls City School District, 53 N.Y.2d 325, 441 N.Y.S.2d 644, 424 N.E.2d 531 (1981)(considered)
- Lawson v. Salt Lake Trappers, Inc., 901 P.2d 1013 (Utah 1995)(considered)
- Carter Lincoln-Mercury, Inc. v. EMAR Group, Inc., 135 N.J. 182, 638 A.2d 1288 (1994)(followed)
- Flood v. Kuhn, 407 U.S. 258, 92 S. Ct. 2099, 32 L. Ed. 2d 728 (1972)(cited for background)
- Crane v. Kansas City Baseball & Exhibition Co., 168 Mo. App. 301, 153 S.W. 1076 (1913)(considered)
- Quinn v. Recreation Park Ass'n, 3 Cal. 2d 725, 46 P.2d 144 (1935)(considered)
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Court Document
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