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The Flying Hotdog Lawsuit: Coomer v. Kansas City Royals

By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman

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:

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.

Full post as published by Sports Law Blog on March 08, 2010 (boomark / email).