Last week saw a little beanball war breakout between the Mets and the Nationals much to the chagrin of the Commissioner Bud's Director of Discipline, Bob Watson, who told both teams to
cool it. Turns out, Mr. Watson wasn't the only voice heard on beanballs last week and the other voice spoke with perhaps greater authority.
In a 6-1 decision, the California Supreme Court,
ruled that a beanball is an inherent risk in baseball and therefore is not actionable. A college baseball player, Jose Avila, was beaned in a preseason community college game in retaliation for a beaning in the previous inning. Following the beaning, in which Avila's batting helmet was cracked and he allegedly suffered unspecified personal injuries, he sued the opposing Community College claiming that it failed to adequately supervise its pitcher.
The Court held that "being hit by a pitch is an inherent risk of baseball." In the course of the majority decision, Justice Werdegar wrote that it didn't matter that beaning was not permitted by the rules of baseball. She cited an array of baseball legend's who calimed it was a part of pitching tactics.
This decision seems to be consistent with basic doctrine that by voluntarily engaging in sport, one assumes the risk of injury inherent in the sport, even if that injury is caused by a breaking of the rules. Hockey players are injured in plays resulting in penalties as are football players, yet in the majority of cases they are no court cases resulting from them. When a football player steps onto the field, he expects to get hit and he consents to that hit. Similarly, a batter consents to be hit, by stepping into the batter's box.