Costa v. The Boston Red Sox Baseball Club
Appeals Court of Massachusetts
809 N.E.2d 1090 (2004)
Relevant factsFree
Costa (plaintiff), a first-time baseball spectator with no real understanding of the sport, was struck and seriously injured by a foul ball within ten minutes of sitting down in an unscreened section of Fenway Park; she sued the Red Sox (defendant) for negligent failure to warn, and the Superior Court granted the Red Sox's motion to dismiss.
IssueFree
Whether baseball clubs owe a duty to spectators to warn them of the potential of being hit by a foul ball within an unscreened area of the stadium.