Flying Hotdog Not Inherent Risk Of Watching A Baseball Game

A longtime Kansas City Royals baseball fan who lost a jury verdict for an eye  injury allegedly sustained during the "Hotdog Launch" by team mascot Sluggerrr gets a new trial.

The plaintiff was at a sparsely attended game with the Tigers.The court noted that the Royals won.

He and his father had moved down into choice seats nearthe dugout. He claimed he was struck by a hand-tossed hotdog but did not report any injury at the time. In fact, he attended the next night's game.

He sought medical attention and claimed the toss caused a detached retina. He advised the Royals of his claim eight days after the incident.

Sluggerrr had no memory of the event.

The jury found the plaintiff 100% at fault.

From the web page ofthe Missouri Supreme Court

A spectator, allegedly injured when a hot dog tossed by a baseball team’s mascot hit him in the eye, appeals a jury verdict in favor of the team that assessed 100 percent of the fault for his injury to him. In a unanimous decision written by Judge Paul C. Wilson, the Supreme Court of Missouri vacates the judgment and remands (sends back) the case. Whether a particular risk is inherent in watching a sporting event is a question of law for the court, not a question of fact for the jury. The risk of being injured by the hotdog toss is not one of the inherent risks of watching a baseball game. As a result, the trial court erred in submitting an instruction putting this question to the jury. Because the error affected the outcome of the case, it was prejudicial, requiring the judgment to be vacated and the case remanded.

 

The court's opinion is linked here. Also linked is a story from the Associated Press.

 

(Mike Frisch)