Let's start with the declaimer that I am a Red Sox fan and there is very little that I could look at with the Yankees and say anything good about. That aside, there is a new protection that the New York Yankees have been given that really needs to be looked at more closely. Through the Department of Homeland Security Safety Act, the Yankees and their stadium have been given immunity from civil suits in the event of a terrorist attack.
The reasons are :
1) Reduced Insurance costs.
2) To free them up to try innovative protections.
3) To protect them in the market.
Well let's look at those. I would assume the idea is that because they can't get sued, they will be more protective of the fans? Why? What is the incentive?
It looks to me like the kind of defense that greedy businesses want to make more money and to say "so what" to the consumer.
Now if they get the call that a bomb is about to go off , they really have no additional incentive to take protective measures.
Now before the rants start about the greedy trial lawyer who just wants to make all this money off of terrorist events, look back at the past events and see how many cases there were in the past. The reality is that there weren't many. So what was the civil legal crisis that required constitutional protections to be stripped and for the consumer to be prevented from the present protections?
If the team did something that caused negligence, they should face liability. There has been a long line of cases that have developed which create an assumption of the risk when fans are injured by foul balls. So a comparison can be made to those cases. If those cases are applicable and there is an assumption that you can be attacked by terrorists when you go to a game, doesn't that suggest that there really is no need for additional laws?
I love how the anti government tort reformers are always up for a new law when it involves a new immunity. I don't really care what team it is, the protection seems unneeded and UnAmerican.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.