The clubs do have some responsibility. The greatest risk is from line drives and flying bats. If a club did not properly protect the grandstands from those possibilities, it seems there could be a negligence liability.

Foul territory — especially closer to the plate — is a difficult area for a fan to defend himself/herself from a flying bat or hard line drive. In the outfield bleachers, there’s a lot of time to get out of the way of a home run, for instance.

Still, the fan has a responsibility to pay attention. If you’re watching the game, and someone hits a fly ball in your area, it’s pretty easy to get out of the way. In fact, there will be plenty of people scrambling to get TO the ball, who might well shield you.

But the family in New Mexico that apparently didn’t watch for a fly ball during batting practice? I mean, would you spread a picnic blanket near any other athletic endeavor (beach volleyball, a golf course, etc. etc) and expect not to risk being hit if you didn’t watch out?