Is a hotdog toss an inherent risk at a baseball game?

Should a baseball club be liable for injuries from mascots tossing hotdogs into the stands?  Robert Coomer was injured sitting in the stands watching a Kansas City Royals game. He knew from his many previous visits to the ballpark there was a tradition of a hotdog toss at the ballpark. Sluggerrr, the mascot, fired a hotdog underarm into the stands. Coomer, who’d looked away to check the out-of-town baseball scores, was smacked in the eye. He suffered a detached retina.  A jury found that Coomer was to blame for his own injury, because he wasn’t paying attention to what was going on. The state appeals court threw out the verdict, finding that the trial judge had made a mistake in instructing the jury that if they saw the threat of getting hit during the hot-dog throw as inherent to the risk of attending the game, they should find in favor of the Royals.  Did they make the right call?  The case is currently before the Missouri Supreme Court for review.  See more at Coomer v. Kansas City Royals: The case of the killer hot dog toss..

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