Excerpt 1

"This real danger of being struck by a baseball traveling at a high rate of speed is certainly recognized by MLB.

A few years ago, all MLB teams erected fences in front of the dugout. Players at bat wear protective helmets and many players wear shin guards as well as pads on their arms. In 2007, Mike Coolbaugh, the Tulsa Drillers first base coach, was killed when struck by a line drive while in the first base coaching box during a game. Baseball wasted little time requiring all base coaches to wear helmets during MLB games. Baseball goes to great lengths to protect its investment in players and coaches and even team owners.

For years, the St. Louis Cardinals protected the owners' box seats with a plexiglass shield which was eventually replaced with netting. At the same time, the Busch Stadium fans who sat behind the first and third base dugout, were fully exposed to danger."

Excerpt 2

"With most industries, the law strives to protect the consumer and imposes on the business owner a duty of reasonable care. Baseball is such a favored sport in America that the law gives it preferential treatment unlike any other industry. The Baseball Rule- assumption of the risk - protects MLB, its teams and stadium operators, from liability to the detriment of the fans."