Maisonave v. Newark Bears Professional Baseball Club, Inc

The plaintiff in Maisonave v. Newark Bears Professional Baseball Club, Inc. (2005), 185 N.J. 70, 881 A.2d 700 was struck in the face by a baseball while he was in the mezzanine of Riverfront Stadium. The mezzanine is an open walking area exposed on one side to the baseball field. Vendors sell food and beverages on that level, and restrooms are located there. At the time of the incident, the stadium used movable vending carts for the sale of beverages because construction of the stadium had not yet been completed, and the built-in concession stands were not operational. The carts dotted the mezzanine along both the first and third base lines on the field-side of the mezzanine. The vendors stood with their backs to the diamond while the patrons faced it. Maisonave at 74-75, 81 A.2d 700. In Maisonave, the New Jersey Supreme Court limited the scope of the "limited duty" rule, which states that an operator of a sports venue has a duty solely to provide a protected area for spectators who choose not to be exposed to the hazards commonly associated with the sporting events they attend. Id. at 77, 81 A.2d 700. In fashioning an exception to the "limited duty" rule, the Court concluded that, "public policy and fairness require application of traditional negligence principles in all other areas of the stadium, including, but not limited to, concourses and mezzanine areas." Id. at 74, 81 A.2d 700.