America has a reputation as a litigious society. This reputation isn’t exactly undeserved. Take the recent example of a University of Colorado fan who filed a $100 million law suit against the NFL for the emotional distress caused by Shadeur Sanders slipping in last month’s NFL draft. This is obviously a ridiculous suit—the plaintiff would essentially need to prove that a preponderance of the evidence shows NFL owners got together, found the most sensitive Buffaloes fan in the country, and decided to intentionally cause him such severe and debilitating emotional distress by not drafting Sanders until the fifth round. I mean, if this plaintiff has a case, Yankee fans would definitely have some standing for suits of their own.
Take Aaron Judge’s broken toe (well, torn ligament) at Dodger Stadium, for instance. Everyone knows about slip-and-fall cases. The janitor doesn’t put a sign down, you slip on the floor, and before you know it you’re the recipient of a potentially life-altering settlement or award. These cases are based on the concept of premises liability. Basically, if you own a “premises,” you owe a basic duty to people you invite onto the premises to keep it generally safe—don’t just leave rusty nails out, walkways covered in ice, or your concrete outfield wall in place well after the rest of the league moved on.
Let’s leave the trivial matters of standing and jurisdiction aside. The harm done by the Dodgers negligence affected not only Judge (who looked like the frontrunner for his second-straight MVP at that point), but affected millions of Yankee fans by subjecting them to the 2023 Yankees. Not only would we have a case for premises liability, but considering how bad that season was, we would have a case similar to the Buffs fan’s.
The 2018 postseason poses another opportunity for Yankee fans to have their day in court. The Occupational Safety and Health Act was enacted with the goal of holding employers accountable in providing their employees with a safe environment free of occupational hazards. An employer, for purposes of the act, is essentially any business with employees that isn’t the federal or state governments. Employers are required to maintain reasonably safe work conditions and develop safety practices, be familiar with those safety standards as they apply to their establishment, and ensure employees have access to personal safety equipment. As the plaintiffs, we (Yankee fans) would need to show that there was a recognized hazard that could cause harm or death. The hazard must also be correctable.
Coming up on seven years ago, the Yankees laid one of the biggest eggs in postseason history when they hosted the eventual champion Red Sox for Game 3 of the ALDS. The players looked so unprepared that conspiracy theories flew around stating that there was confusion on the Yankees’ side about what time the game actually started. Luis Severino looked rushed warming up, Gary Sánchez asked A-Rod on national television what time the game started, and, crucially for our case, Brett Gardner slipped in the first inning and came out wearing different cleats—almost like he was wearing turf trainers in the defensive half of the inning rather than regular spikes.
The only proof of the Gardner slip I could find was in a Reddit post from the day after. Discovery will prove crucial. However, I distinctly remember that game and those moments as, incidentally, I was watching from my laptop in the library at law school. I wanted Aaron Boone immediately fired after that embarrassing series loss. Luckily, in this world, we have legal recourse. Boone and the Yankees did not provide Gardner with the proper safety equipment to deal with a known hazard that could have really resulted in harm. Sure, it was an obvious indication of the Yankees’ lack of preparation for that game, but even worse, it was a violation of 29 U.S.C. Chapter 15 Section 654, Section 5 (a)(1).
It’s safe to say that these suits (the one that actually exists included) will never see a jury, much less actually win. Besides, if you think a beer at the game is expensive, you should check your local attorney’s hourly rate. Still, baseball has a way of making you wish there was a different forum besides the diamond to have your voice heard—the damages wouldn’t hurt either. What would be your claim as a Yankee fan?