Insurance Law Blog
Knowledge Centre

Beware of the foul ball

February 9, 2021

The claim of a spectator, who was struck on the head by a foul ball from an adjacent baseball diamond, was dismissed.

Insurance law – Liability insurance – Occupiers liability – Statutory provisions – Definitions – Duty to notify – Risk – Practice – Summary judgments

Rivers v. North Vancouver (District), [2020] B.C.J. No. 1131, 2020 BCSC 1050, British Columbia Supreme Court, July 15, 2020, M. Tammen J.

The plaintiff was struck on the head by a foul ball from an adjacent baseball diamond when watching his teenage son play little league baseball in a park in North Vancouver. The plaintiff sued the District of North Vancouver, Little League Baseball Canada, Mount Seymour Little League Association, the West Vancouver Little League Society, and a series of unnamed individuals linked to the leagues (the “League Defendants”). The claim against Little League Baseball Canada was dismissed as it was not an occupier of the park since it is headquartered in Ottawa and had no responsibility or control over the park. The claim against the District was dismissed as the layout and design of the baseball diamonds and the rest of the park did not create an unreasonable risk to safety as it was consistent with industry standard and there was an absence of prior instances of people being struck by foul balls. Further, the court held that there was a generally known but minimal risk of foul balls from one diamond landing in the bleachers of the other diamond. The spectators relied on warning calls to alert them of errant baseballs, and such warnings were generally effective. The claims against the League Defendants were dismissed as the risk of foul balls landing in the bleachers was not an unusual or exceptional risk that gave rise to a duty by the League Defendants to take steps to ameliorate or warn of its presence.

This case was digested by Dionne H. Liu, and first published in the LexisNexis® Harper Grey Insurance Law Netletter and the Harper Grey Insurance Law Newsletter. If you would like to discuss this case further, please contact Dionne H. Liu at [email protected].

To stay current with the new case law and emerging legal issues in this area, subscribe here.

Tags

Expertise

Important Notice: The information contained in this Article is intended for general information purposes only and does not create a lawyer-client relationship. It is not intended as legal advice from Harper Grey LLP or the individual author(s), nor intended as a substitute for legal advice on any specific subject matter. Detailed legal counsel should be sought prior to undertaking any legal matter. The information contained in this Article is current to the last update and may change. Last Update: February 9, 2021.

Related

Harper Grey welcomes four new associates
Harper Grey welcomes four new associates
Abigail Turner recognized as a Litigation Star by Benchmark Canada® 2024 in two areas of expertise
Abigail Turner recognized as a Litigation Star by Benchmark Canada® 2024 in two areas of expertise Abigail Turner recognized as a Litigation Star by Benchmark Canada® 2024 in two areas of expertise
Bruno Desparts to present at Ma Pratique hosted by Association des juristes d’expression française de la Colombie-Britannique
Bruno Desparts to present at Ma Pratique hosted by Association des juristes d’expression française de la Colombie-Britannique Bruno Desparts to present at Ma Pratique hosted by Association des juristes d’expression française de la Colombie-Britannique
Lesley Russell lends her Expertise in Recent Presentation focused on Estate Planning
Lesley Russell lends her Expertise in Recent Presentation focused on Estate Planning Lesley Russell lends her Expertise in Recent Presentation focused on Estate Planning
Christopher Rusnak, KC recognized as a Litigation Star by Benchmark Canada® 2024 in three areas of expertise
Christopher Rusnak, KC recognized as a Litigation Star by Benchmark Canada® 2024 in three areas of expertise Christopher Rusnak, KC recognized as a Litigation Star by Benchmark Canada® 2024 in three areas of expertise
Retail Case Update: A Follow Up on the Impact of Failure to Immediately Disclose Settlement Agreements
Retail Case Update: A Follow Up on the Impact of Failure to Immediately Disclose Settlement Agreements Retail Case Update: A Follow Up on the Impact of Failure to Immediately Disclose Settlement Agreements Retail Case Update: A Follow Up on the Impact of Failure to Immediately Disclose Settlement Agreements
David Pilley recognized as a Litigation Star by Benchmark Canada ® 2024 in two areas of expertise
David Pilley recognized as a Litigation Star by Benchmark Canada ® 2024 in two areas of expertise David Pilley recognized as a Litigation Star by Benchmark Canada ® 2024 in two areas of expertise
Harper Grey sponsors 2024 Allard Law Alumni Achievement Awards
Harper Grey sponsors 2024 Allard Law Alumni Achievement Awards
Abigail Turner participates as judge in external Advisory Panel for 2024 Canadian Law Awards
Abigail Turner participates as judge in external Advisory Panel for 2024 Canadian Law Awards Abigail Turner participates as judge in external Advisory Panel for 2024 Canadian Law Awards
Three Harper Grey lawyers selected by Benchmark Canada® 2024 as Litigation Stars in the area of General Commercial Litigation
Three Harper Grey lawyers selected by Benchmark Canada® 2024 as Litigation Stars in the area of General Commercial Litigation
Kimberly Jakeman, KC recognized as a Litigation Star by Benchmark Canada® 2024 in two areas of expertise
Kimberly Jakeman, KC recognized as a Litigation Star by Benchmark Canada® 2024 in two areas of expertise Kimberly Jakeman, KC recognized as a Litigation Star by Benchmark Canada® 2024 in two areas of expertise
Five Harper Grey lawyers selected by Benchmark Canada® 2024 as Litigation Stars in the area of Health Law
Five Harper Grey lawyers selected by Benchmark Canada® 2024 as Litigation Stars in the area of Health Law
Nigel Trevethan recognized as Insurance Litigator of the Year by Benchmark Litigation® Canada for third consecutive year
Nigel Trevethan recognized as Insurance Litigator of the Year by Benchmark Litigation® Canada for third consecutive year Nigel Trevethan recognized as Insurance Litigator of the Year by Benchmark Litigation® Canada for third consecutive year
Michael Hewitt recognized as a Litigation Star by Benchmark Canada® 2024 in two areas of expertise
Michael Hewitt recognized as a Litigation Star by Benchmark Canada® 2024 in two areas of expertise Michael Hewitt recognized as a Litigation Star by Benchmark Canada® 2024 in two areas of expertise
Two Harper Grey lawyers selected by Benchmark Canada® 2024 as Litigation Stars in the area of Environmental Law
Two Harper Grey lawyers selected by Benchmark Canada® 2024 as Litigation Stars in the area of Environmental Law Two Harper Grey lawyers selected by Benchmark Canada® 2024 as Litigation Stars in the area of Environmental Law Two Harper Grey lawyers selected by Benchmark Canada® 2024 as Litigation Stars in the area of Environmental Law
arrow icon

Subscribe