Marquette Sports Law Review Volume 13 Article 4 Issue 1 Fall Baseball Spectators' Assumption of Risk: Is It "Fair" or "Foul"? Gil Fried Robin Ammon Jr. Follow this and additional works at: http://scholarship.law.marquette.edu/sportslaw Part of the Entertainment and Sports Law Commons Repository Citation Gil Fried and Robin Ammon Jr., Baseball Spectators' Assumption of Risk: Is It "Fair" or "Foul"?, 13 Marq. Sports L. Rev. 39 (2002) Available at: http://scholarship.law.marquette.edu/sportslaw/vol13/iss1/4 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. For more information, please contact
[email protected]. BASEBALL SPECTATORS' ASSUMPTION OF RISK: IS IT "FAIR" OR "FOUL"? GIL FRIED ROBIN AMMON JR.1 I. INTRODUCTION "Buy me some peanuts and cracker jacks" is a well-known phrase from the popular baseball tune "Take Me Out To The Old Ballgame." This well- liked verse has been sung countless times since the song was introduced in 1909. Other fashionable elements of baseball such as the sound of the bat, the smell of popcorn and hotdogs, the taste of cold beer, and the sight of a long home run are equally as identifiable as the well-known tune. In addition to these popular memories, baseball also has unique risks, specifically those caused by foul balls. There exists a wealth of case law and articles covering this well-established area of law.2 However, recent trends in technology and viewing habits might require a change in the typical application of case law to foul ball cases.