Haymon v. Pettit

Summary

The New York Court of Appeals held that a baseball stadium operator owed no duty to warn or protect a nonpatron who was injured after chasing a foul ball into a public street. The court concluded that the operator lacked control over the street and third parties, and that the foul-ball ticket promotion did not create or contribute to a dangerous condition warranting imposition of a duty.

Holdings

1. The Ball Club owed no duty to warn or protect L.H. under the circumstances because it neither owned nor controlled the adjoining public street, and the risks of crossing the street and conduct by third persons existed independently of the Ball Club's promotion.
2. The promotion did not create or contribute to a dangerous condition under the circumstances, and even assuming that encouragement to retrieve foul balls could constitute such contribution, no duty to warn or protect would be appropriate.

Questions Presented

1. Whether a baseball stadium operator owes a duty to warn or protect nonpatron spectators outside the stadium who are injured while chasing foul balls into an adjoining public street.
2. Whether the Ball Club's foul-ball-for-tickets promotion created or contributed to a dangerous condition sufficient to impose such a duty.

Disposition

affirmed