This article will briefly focus on the history of foul ball litigation in baseball and the various court decisions that laid the foundation for the assumption of risk doctrine. The article then examines the doctrine of assumption of risk as it has evolved and what risks are inherent in the sport of baseball, open and/or notorious, or outside the scope of the game of baseball.
Finally, the reality presented by new stadiums built within the past decade and new marketing techniques will be discussed to see if the standard regarding assumption of risk needs to be altered or modified.
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Baseball spectators' assumption of risk: is it "fair" or "foul"?