The New York Court of Appeals (the state’s highest court) today affirmed the dismissal of a baseball-related personal injury suit:
While at a ballpark, plaintiff sustained injuries when a baseball player in an off-field on-deck batting circle struck her with a bat. Because plaintiff concededly observed batting equipment and players swinging bats in the area where the accident occurred, the Appellate Division correctly held that she had assumed the risk of her injuries, and properly affirmed the
Supreme Court order dismissing the complaint.
The fact description is pretty sparse, but this seems a sensible enough rule at least in cases where the batter didn’t throw the bat and she just got too close to somebody swinging a bat.