12-554

12-554. Limited liability; baseball facilities;
definitions

A. An owner is not liable for injuries to spectators who are struck by baseballs,
baseball bats or other equipment used by players during a baseball game unless the owner
either:

1. Does not provide protective seating that is reasonably sufficient to satisfy
expected requests.

2. Intentionally injures a spectator.

B. This section does not prevent or limit the liability of an owner who fails to
maintain the premises of the baseball stadium in a reasonably safe condition.

C. This section does not create an independent duty of care for a registered design
professional or licensed contractor.

D. A registered design professional or a licensed contractor who is involved in the
design, construction or operation of the facility is not liable for injuries to
spectators who are struck by baseballs, baseball bats or other equipment used by players
during a baseball game unless a registered design professional or a licensed contractor
either:

1. Does not provide for protective seating that is reasonably sufficient to satisfy
expected requests.

2. Intentionally injures a spectator.

E. This section does not prevent or limit liability of a registered design
professional or a licensed contractor who fails to design, construct or operate the
premises of the baseball stadium in a reasonably safe condition or manner.

F. As used in this section:

1. "Baseball game" means an amateur or professional baseball game, whether for
exhibition or competition. Baseball game includes pregame and postgame activities
regardless of the time of day when the game is played.

2. "Owner" means a person, city, town, county, special district, limited liability
company, school district, community college district, college or university that is in
lawful possession and control of a baseball team or facility in which baseball games are
played. Owner includes an employee or agent of the owner.

3. "Protective seating" means either:

(a) An area in which a screen to prevent a ball or bat from entering the seating
area exists between the spectator and the playing field.

(b) An area that is reasonably safe for the avoidance of injuries from baseballs,
baseball bats or other equipment used by players during a baseball game.

4. "Spectator" means a person who is present at a baseball game for the purpose of
observing the game, whether or not the person pays an admission fee or is compensated to
observe the game.