12-554. Limited liability; baseball facilities; definitions

A. An owner is not liable for injuries to spectators who are struck by baseballs, baseball bats or other equipment used by players during a baseball game unless the owner either:

1. Does not provide protective seating that is reasonably sufficient to satisfy expected requests.

2. Intentionally injures a spectator.

B. This section does not prevent or limit the liability of an owner who fails to maintain the premises of the baseball stadium in a reasonably safe condition.

C. This section does not create an independent duty of care for a registered design professional or licensed contractor.

D. A registered design professional or a licensed contractor who is involved in the design, construction or operation of the facility is not liable for injuries to spectators who are struck by baseballs, baseball bats or other equipment used by players during a baseball game unless a registered design professional or a licensed contractor either:

1. Does not provide for protective seating that is reasonably sufficient to satisfy expected requests.

2. Intentionally injures a spectator.

E. This section does not prevent or limit liability of a registered design professional or a licensed contractor who fails to design, construct or operate the premises of the baseball stadium in a reasonably safe condition or manner.

F. As used in this section:

1. " Baseball game" means an amateur or professional baseball game, whether for exhibition or competition. Baseball game includes pregame and postgame activities regardless of the time of day when the game is played.

2. " Owner" means a person, city, town, county, special district, limited liability company, school district, community college district, college or university that is in lawful possession and control of a baseball team or facility in which baseball games are played. Owner includes an employee or agent of the owner.

3. " Protective seating" means either:

(a) An area in which a screen to prevent a ball or bat from entering the seating area exists between the spectator and the playing field.

(b) An area that is reasonably safe for the avoidance of injuries from baseballs, baseball bats or other equipment used by players during a baseball game.

4. " Spectator" means a person who is present at a baseball game for the purpose of observing the game, whether or not the person pays an admission fee or is compensated to observe the game.