Take me out to the ball game

Attending a baseball game carries some personal risk. Five years ago, Kathleen Turner learned as much at a Las Vegas 51s game. She suffered a broken nose when she was hit in the face by a foul ball while sitting in a mezzanine beer garden at Cashman Field.

Claiming the festive environment gave her a false sense of security, she sued team owner Mandalay Sports Entertainment, seeking compensation for her injuries and medical bills. But her lawsuit was dismissed from District Court in 2005. Over the years, many other courts across the country have held that baseball teams, who post warnings about the dangers of batted and thrown balls around their stadiums and print liability notices on ticket stubs, aren’t responsible for fan injuries suffered as a result of game play.

But Ms. Turner appealed the decision to the Nevada Supreme Court. And last week, the three-judge panel that heard arguments in October announced all seven justices would decide the issue — perhaps sending a signal that a clear ruling establishing public policy is forthcoming.

“It would seem they want to make a ruling on the fresh issue,” said Thomas Dillard Jr., counsel for Mandalay Sports Entertainment. “In terms of, ‘Is this good or bad?’ I couldn’t tell you.”

It would be surprising if the full court came together to issue a narrow decision that applies only to Ms. Turner’s mishap. More likely, the court plans to clarify whether the so-called “baseball rule” that expressly limits the liability of stadium owners applies in Nevada.

The rule exists for good reason. For starters, it leaves sports fans no doubt that they’re assuming some risk by watching competitive, sometimes dangerous events in person. If stadium operators were liable for every fan’s well-being, they’d likely have to construct so many barriers between the crowd and the athletes that the environment would be spoiled — the beer garden Ms. Turner was enjoying would have much less appeal if it were covered in netting.

If we can’t retain some responsibility for our choices, we can’t retain our freedoms.

Justices should not only uphold the District Court decision to dismiss Ms. Turner’s lawsuit, they should remind sports fans to pay attention to the action on the field.