Video link update:

 

Dude, can you ... take that down? Please? Knowing the guy passed away, that video makes me kinda... sick... especially with his little kid there.

Nothing against you, but...please?

 

I made it a link instead of an embed so people who want to see can still click the link but people like yourself aren't forced to look at that still of the guy going over.

Video link update:

 

Dude, can you ... take that down? Please? Knowing the guy passed away, that video makes me kinda... sick... especially with his little kid there.

Nothing against you, but...please?

 

I made it a link instead of an embed so people who want to see can still click the link but people like yourself aren't forced to look at that still of the guy going over.

Thanks... the video preview still-shot was right when he was going over, too.

I think it's disrespectful that the video is still available after the family asked for privacy, etc. Didn't they ask the Rangers organization to stop playing the video for the sake of the kid?

I think it's disrespectful that the video is still available after the family asked for privacy, etc. Didn't they ask the Rangers organization to stop playing the video for the sake of the kid?

 

They did, but until youtube pulls down every video of it, it'll still be out there.

Sad truth about it...

I think it's disrespectful that the video is still available after the family asked for privacy, etc. Didn't they ask the Rangers organization to stop playing the video for the sake of the kid?

 

They did, but until youtube pulls down every video of it, it'll still be out there.

Sad truth about it...

Wrong. Once its on the internet, its out there forever.

From an article at ESPN.com: Stone fell through a gap of several feet between the first row of seats and the 14-foot-high outfield wall that has a video scoreboard on it.

 

That electronic board was installed before the 2009 season, replacing a hand-operated scoreboard that had been there since the stadium had opened.

 

As part of those changes, a deck-like covering that had been over the gap was removed. That covering, in part, protected workers operating the old scoreboard from falling objects such as baseballs and items dropped from the stands.

 

Ryan said that decking also created a safety hazard when baseballs were there, not far out of reach from fans in the seats.

 

"What we found was that it encouraged people when a ball was up there to jump down on to that surface and get the ball," Ryan said. "And we felt like that it increased risk, and so we removed it trying not to encourage people to do that."

 

A black tarpaulin was installed over the gap before Friday night's game. Ryan said the purpose of that tarp was to keep fans from taking pictures or gawking at the area behind the outfield wall where Stone fell.

 

 

There's the smoking gun for a law suit.

I don't understand why people still try to make the Rangers sound liable. It's really hard to pin this on them unless the railings were somehow below MLB standard.

 

Although it was a terrible and unfortunate accident, the fan is the only one to blame here. He appeared to be too overzealous in catching the ball and didn't seem to have much regard for his own safety (he didn't even seem to anchor his body). It's a sad story, but that doesn't absolve him from being at fault in his own death. This isn't something that could have happened to anyone. Everyone has a psychological mechanism that encourages people to protect themselves from physical harm. I've sat in the first row of the upper deck numerous times at several ballparks and I would never even consider reaching over that railing for a ball. I think most people use similar judgment, but unfortunately this man seemed to have a lapse.

Here's a good picture of the area. Supposedly most of the trauma was sustained by hitting one of the cross beams on the way down. Otherwise he might have lived. I think the best solution would be to drape some netting over the gap.

Here's a good picture of the area. Supposedly most of the trauma was sustained by hitting one of the cross beams on the way down. Otherwise he might have lived.

I thought it was something like that. He had plenty of time to put his hands in position to keep his head from hitting the concrete. They were already half way there when he tried to reach for the top of the scoreboard. Can anybody hazard a guess as to how he actually died? He was conscious right after. Maybe a blood clot went to his brain or his heart? Disclaimer: I'm not a doctor. I just play one on the internet.

 

 

 

I agree with you Penguino, but they had the gap covered and removed the covering. If the covering was there, he would've survived. You don't consider the Rangers liable for removing the covering?

He reportedly died of cardiac arrest en route to hospital. That's a pretty general description, however. It was certainly trauma-induced cardiac arrest, probably due to a combination of the blunt impact to the head and the shattering of the arms.

 

He might have survived if the covering were there, but I don't see how that makes them responsible. If he had used better judgment, this wouldn't have happened. There was a fan who died earlier this year at Coors field because he tried to slide down a railing, but fell and hit his head. While what the Rangers fan did might be less idiotic than that, it is nevertheless something that could have been avoided if he had taken greater concern for his own safety. Most sporting venues are typically protected by the "Assumption of Risk" concept as well. It needs to be decided as whether or not the Rangers provided adequate protection. In my opinion (after looking at the video), they did, but the fan assumed risk by reaching over the railing in the manner that he had.

 

The uncovering of the gap shouldn't even really matter. The railing wasn't supposed to be crossed in the first place. If the railing height were below standard, then I think that more blame should be directed toward the Rangers. I think that if there would be a lawsuit involved the first questions would be 1.) Was the railing high enough to protect the fan? and 2.) Was the fan assuming risk by reaching over in the manner that he did?

I'm not Penguino but I'm going to answer if that's alright.

 

The story begins and ends with the fan. The fan made the attempt to catch the ball putting himself in jeopardy. There is already a railing blocking it. At what point is enough, enough. There should be no lawsuit what so ever. It was a tragic accident that could have been prevented , starting with the fan. I'm sorry, that's going to upset some people, but soon we are going to be riding around in bumper cars and rooms and floors with padded walls. In my job , the people complaining always place the blame on someone else. Look no further than " caution, Hot coffee is hot."

 

I know you just playin devils advocate Heat u

But that's my view.

I'm not Penguino but I'm going to answer if that's alright.

 

The story begins and ends with the fan. The fan made the attempt to catch the ball putting himself in jeopardy. There is already a railing blocking it. At what point is enough, enough. There should be no lawsuit what so ever. It was a tragic accident that could have been prevented , starting with the fan. I'm sorry, that's going to upset some people, but soon we are going to be riding around in bumper cars and rooms and floors with padded walls. In my job , the people complaining always place the blame on someone else. Look no further than " caution, Hot coffee is hot."

 

I know you just playin devils advocate Heat u

But that's my view.

 

I'm with you.

 

As I always say when something like this happens, there will be cries from some people to cover the world with bubble wrap.

He reportedly died of cardiac arrest en route to hospital. That's a pretty general description, however. It was certainly trauma-induced cardiac arrest, probably due to a combination of the blunt impact to the head and the shattering of the arms.

 

He might have survived if the covering were there, but I don't see how that makes them responsible. If he had used better judgment, this wouldn't have happened. There was a fan who died earlier this year at Coors field because he tried to slide down a railing, but fell and hit his head. While what the Rangers fan did might be less idiotic than that, it is nevertheless something that could have been avoided if he had taken greater concern for his own safety. Most sporting venues are typically protected by the "Assumption of Risk" concept as well. It needs to be decided as whether or not the Rangers provided adequate protection. In my opinion (after looking at the video), they did, but the fan assumed risk by reaching over the railing in the manner that he had.

 

The uncovering of the gap shouldn't even really matter. The railing wasn't supposed to be crossed in the first place. If the railing height were below standard, then I think that more blame should be directed toward the Rangers. I think that if there would be a lawsuit involved the first questions would be 1.) Was the railing high enough to protect the fan? and 2.) Was the fan assuming risk by reaching over in the manner that he did?

 

 

Everything I saw here can be different depending on Texas law, but as a general discussion:

 

Generally speaking, you would first ask if the Rangers have a duty toward their fans. They clearly have some duty, but how far does it go? My guess is that at worst it would be a duty of general negligence (~ "to guard against reasonably foreseeable risks that a reasonably prudent 'baseball team' would guard against in that time and place").

 

The next question is if they breached that duty. If the railing height conformed with MLB standards, then that would certainly be strong evidence of non-negligence, but not dispositive. It was foreseeable that a fan could fall over the railing, but "foreseeability" has a different definition as a legal standard than in general usage that's somewhat fluid and complex.

 

Even if they were negligent and they showed that the negligence caused the injury, then, as you said, the Rangers could claim that he assumed the risk or at least was contributorily negligent.

 

I think that at worst they could be found partially responsible, but I could really see this case not even surviving a pre-trial motion to dismiss the case.

 

One interesting angle would be somehow saying that they were negligent because Josh Hamilton tossed a ball and created a dangerous situation, and either he should have known he was creating a dangerous situation or the Rangers should have informed him not to - and even if they did inform him as such, he still was ultimately "negligent" by tossing that ball. The fan's conduct is still an intervening cause, which should at the very least mitigate any potential responsibility by the Rangers.

I'm always amazed at the zeal that some people have in pursuing foul balls/giveaways, they'll drop their children, run over children, dive over rows of seats etc. for a pretty benign memento. I saw that here in New Orleans during Mardi Gras people stepping on other people's hands for stupid beads or cheap throws. A son is without his father for something next to worthless, it's a bad way to die.

He looked like a tall man, he was top heavy

It's not a law post unless you get the cop and the bloodsucking lawyer posting.

It's not a law post unless you get the cop and the bloodsucking lawyer posting.

 

 

Damn right, may it please the court.

It's not a law post unless you get the cop and the bloodsucking lawyer posting.

 

 

Damn right, may it please the court.

 

The court is pleased. God save the state and this honorable court. Please be seated and remain quiet.

The covering was removed because people were standing on it trying to catch balls and they wanted to discourage that for their own safety.

The covering was removed because people were standing on it trying to catch balls and they wanted to discourage that for their own safety.

 

 

Yeah, it's going to be a pretty tough case to win given what we know.

Wow, how awful. RIP.