Injured at a Binghamton Mets Game or Mirabito Stadium: Premises Liability for Sports Venues in NY

Mirabito Stadium on Henry Street has been home to Binghamton baseball since 1992, drawing fans from across Broome County and the Southern Tier for Double-A games, promotions, and family outings. On most nights, everything goes smoothly. But foul balls travel at triple-digit speeds. Concrete stairs get wet. Railings fail. And when an injury happens, many fans leave assuming there is nothing they can do — that attending a game means accepting whatever happens.

New York law is more nuanced than that. Whether or how much you can recover after a stadium injury depends on the type of incident, where in the venue it happened, and whether the risk that hurt you was truly inherent in the game or a product of the venue’s own negligence.

What Is the Baseball Rule — and Does It Still Apply in New York?

The Baseball Rule is a longstanding legal doctrine holding that spectators at a baseball game assume the inherent risk of being struck by foul balls or errant bats. New York’s highest court confirmed the doctrine in Akins v. Glens Falls City School District (1981), applying it to reverse a $100,000 jury award to a woman who lost an eye to a foul ball along the third-base line at a high school game. The court reasoned that the risk of a batted ball entering the stands is an obvious, well-understood danger that spectators knowingly accept when they choose to attend.

New York courts continue to apply this doctrine under the framework of primary assumption of risk, which the New York Court of Appeals preserved specifically for athletic and recreational activities in Grady v. Chenango Valley Central School District (2023). Under this doctrine, when a fan voluntarily attends a baseball game, the venue generally owes no duty to protect them from the inherent risks of the sport — including foul balls traveling into unprotected seating areas.

That said, the Baseball Rule is not absolute, and courts have identified meaningful limits.

When Does the Baseball Rule NOT Protect a Venue?

The primary assumption of risk applies only to risks that are inherent and obvious. New York courts have recognized that a venue can still be liable when it unreasonably enhances the risk beyond what the sport itself involves. Examples include inadequate netting in historically dangerous sections, seating configurations that place fans significantly closer to the field than industry standards recommend, or stadium-wide distractions, like aggressive in-game promotions, that direct attention away from the field at critical moments.

The MLB directive requiring extended protective netting matters here. Following a 2019 league mandate, all MLB clubs were required to extend netting at minimum to the far ends of the dugouts before the 2020 season. While Mirabito Stadium is a Double-A facility operated by the New York Mets organization and not directly subject to MLB’s own enforcement mechanisms, the netting standard has become a recognized industry benchmark. If a fan is injured in a section that falls short of that standard, the venue’s departure from widely adopted safety practices becomes a relevant factor in assessing whether the inherent risk was unreasonably enhanced.

Equally important: the primary assumption of risk applies only to spectators actually watching the game. New York courts have consistently held that the doctrine does not extend to injuries that occur in concourses, on stairs, in restrooms, or in other areas where a person is not engaged in the activity that creates the risk. A fan who slips on a wet concourse floor, falls on a broken stadium step, or is injured by a structural defect while in the bathroom has a standard premises liability claim — not a sports risk assumption case.

The Ticket Disclaimer Does Not Protect Mirabito Stadium From All Claims

Binghamton Mets tickets, like those at virtually every professional and minor league venue, contain fine-print language purporting to warn fans of danger and limit the stadium’s liability. Many injured fans assume this language bars any legal claim.

Under New York law, it does not — at least not for negligence claims. New York General Obligations Law § 5-326 provides that any agreement between the owner or operator of a place of public amusement or recreation and a paying user that attempts to exempt the operator from liability for its own negligence is void as against public policy and wholly unenforceable. Because Mirabito Stadium charges admission, any waiver or disclaimer language on a ticket cannot legally insulate the venue from a negligence claim arising from a condition the venue created or failed to correct.

This means that non-game-related injuries — a slip on a wet floor, a trip on a broken step, an injury from a collapsing railing, an assault due to inadequate security staffing — remain fully actionable under New York premises liability law, ticket disclaimers notwithstanding.

Common Questions About Stadium Injuries in New York

Can I sue for being hit by a foul ball at Mirabito Stadium?

New York’s Baseball Rule generally bars foul ball injury claims, but venue negligence can override that defense. If the venue’s netting was deficient compared to industry standards, if the seating configuration unreasonably increased exposure, or if stadium distractions contributed to the injury, the assumption-of-risk defense may not apply. If you were injured at Mirabito Stadium, Munley Law’s Binghamton premises liability attorneys can evaluate whether the Baseball Rule applies to your situation

Does the fine print on my ticket waive my right to sue?

Not for negligence claims. Under New York General Obligations Law § 5-326, liability waivers printed on tickets or admission contracts for fee-charging places of amusement or recreation are void as against public policy. You cannot sign away your right to hold a venue accountable for its own negligence simply by purchasing a ticket.

What if I was injured in the concourse or on the stadium stairs?

Standard premises liability rules apply. The Baseball Rule and primary assumption of risk do not extend to injuries in areas where you are not actively watching the game. If you were hurt due to a dangerous condition the venue knew or should have known about — a wet floor, broken step, inadequate lighting, or defective railing — you may have a valid claim regardless of where you were sitting during the game.

How long do I have to file a personal injury lawsuit in New York?

Generally, three years from the date of injury under N.Y. C.P.L.R. § 214. However, if any part of your claim involves a government entity, a notice of claim must typically be filed within 90 days of the incident. The Binghamton Mets and the City of Binghamton have separate legal identities, so the applicable deadline depends on who owns or operates the specific area where the injury occurred.

Injured at Mirabito Stadium? Munley Law’s Binghamton Office Can Help

If you were injured at a Binghamton Mets game or anywhere at Mirabito Stadium, our Binghamton premises liability attorneys handle stadium injury claims on a contingency basis.

Munley Law Personal Injury Attorneys
257 Washington St., Binghamton, NY 13901
(607) 524-5771

Serving Binghamton, Johnson City, Endicott, Vestal, Endwell, Owego, and throughout Broome County.

Munley Law Personal Injury Attorneys – Binghamton
257 Washington St
Binghamton, NY 13901
(607) 524-5771