Followup – Assumption of Risk: Soccer Denied Protection… America’s Pastime Still Safe?

Earlier this week, Tony Hartsoe, the attorney which brought the Allred v. Capital Area Soccer League, Inc. case, posted a comment on my earlier column (scroll down to the bottom of the column to read the comment).  I would like to thank Mr. Hartsoe for his comments; it’s always healthy to see the other side of the story.  In a nutshell, his point is that soccer leagues (specifically professional ones) should be required to put up nets behind the goals to prevent balls from flying into the stands.  He cites baseball as a prime example of this.  For example, you’ll remember from my earlier column that fans injured by errant baseballs have long been barred from collecting for their injuries, as they were deemed to have assumed the risk by attending the game.  I did leave one part of that equation out.  That is, the assumption of risk doctrine does not apply if there is not a ‘backstop’ or net behind home plate.  That would seem to make logical sense.  Afterall, one would assume based on the long history of baseball in this country, that all baseball fields have backstops.  I’ve never been to one that didn’t, have you?

Mr. Hartsoe would like to extend this rule to soccer, so as to require soccer fields to have backstops.  Really? Is soccer that dangerous for fans?  Only if you’re involved in a stampede or stadium collapse… I feel badly for Ms. Allred; she didn’t deserve to be injured in this manner.  However, it is not the fault of the facility.  To be injured so severely by a soccer ball is a freak accident.  Soccer balls and baseballs (you can also include hockey pucks in this category too; as barriers are required between the ice and the stands there as well) are completely different.  Baseballs and hockey pucks are extremely hard objects that can reach speeds of 115mph and 105mph, respectively!  Soccer balls on the other hand are somewhat soft, and while they can reach speeds of 60mph (approx. 1/2 that of a baseball or hockey puck), a portion of the game actually involves striking the ball with your head.  Hardly something that you would attempt with a baseball or hockey puck!

Now I’m sure you’re asking “what about pro football? (American Football for you non-Americans)  They put nets up for field goals to prevent the ball from going into the stands.”  Correct you are, they do use nets. ….but it’s for a very different purpose.  In football, the purpose is not to prevent injury to fans from flying footballs, it is instead to prevent overeager fans from trampling each other in an effort to catch the ball.

Mr. Hartsoe goes on to add that it would only cost $500-1,000 to put up nets at the soccer stadium and that for a multi-million dollar facility that is a drop in the bucket.  I agree.  It is probably not cost prohibitive to install nets.  However, they are not unnecessary.  Soccer is the world’s most popular sport, yet you almost never hear of injuries to fans from soccer balls.  Do a Google search; you’ll only get  a couple hits. (I love the internet!)  This was an anomaly, nothing more.  You cannot possibly protect all fans from all possible injuries.  Protective measures such as this are just overkill and only further sanitizes our sports of the emotion that makes them so great.  While fans should be reasonably protected, to require nets behind soccer goals is just a slippery slope toward completely separating the fan from the experience of watching a live event.  Maybe we should all just sit at home and watch the game on TV….  That will certainly eliminate the risk.

Agree, disagree, or think my writing stinks? Let me hear about it.

Matt Breeden (SportsLawGuru.com) is an internationally respected business advisor and attorney based in Indianapolis, IN. His practice is focused on Sports & Entertainment, Intellectual Property, Commercial and Corporate Law. He represents Sports & Entertainment properties, as well as many other businesses, in a variety of matters, including: Broadcast & Digital Media Agreements, Licensing Agreements, Sponsorship Agreements, Commercial Agreements, Athlete/Driver Contracts, Insurance & Risk Management, Employment Agreements, Litigation Management, Mergers & Acquisitions, Business Formation and Corporate Governance.