Dear pro bono coordinators,

I am writing on behalf of my organization, Foul Ball Safety Now (FBSN), to explore a pro bono partnership with your firm on an under-addressed public safety issue: the ongoing epidemic of fan injuries caused by foul balls at Major League and Minor League baseball games.

Since 2019, my organization has led an advocacy campaign to end what we believe is a systemic failure of the baseball industry to protect spectators, especially children, from foreseeable and preventable injuries caused by high-speed foul balls.  Despite well-documented cases of permanent injury and death, more than 40 minor league and partner league ballparks began the 2025 season without extended netting beyond the dugouts, a direct violation of a 2022 MLB directive requiring netting to the foul poles.  Some teams have openly stated they’ll delay safety upgrades until well into the season. Most will remain unchanged at all.

Meanwhile, fans continue to get crushed by foul balls. In the past two seasons, we know of at least two children who were critically injured by foul balls, a man blinded by a foul ball, and a woman who suffered a traumatic brain injury from a ball that hit her while standing in line to enter a minor league ballpark. We’ve documented dozens more children with head injuries over the past decade, a woman killed at Dodger Stadium in 2018, and many more fans blinded or brain-damaged, and they often have no legal recourse.  What is worse, Major League Baseball is well aware of the injuries and risks posed to fans, and despite issuing a “directive” requiring teams to install nets, many teams have not complied.  

We’re aware of several active lawsuits on behalf of foul ball injury victims nationwide that are proceeding to trial. Two law firms have recently reached out to FBSN for our expertise and research assistance as they proceed to trial against professional baseball teams and facilities.

The legal framework enabling this crisis is outdated and inadequate.  At the heart of the problem is the so-called “Baseball Rule,” a century-old legal doctrine that shields teams and leagues from liability when fans are struck by foul balls, no matter how egregious the circumstances.  

The Baseball Rule is already being questioned and scrutinized in several jurisdictions, so we know we’re making progress, but there’s a long way to go. That’s where your firm’s diligence and creativity could make the difference.

FBSN is now seeking a law firm to take the lead in developing the core legal theory that can challenge the Baseball Rule and expand legal accountability for this preventable public health threat. We are especially interested in working with a firm that would: 

(a) research and draft a white paper/litigation memo exploring viable theories such as control-based liability, assumed duty, premises liability, and any other potential legal theories to hold baseball stadiums liable; 

(b) design a model complaint that can be replicated across jurisdictions; 

(c) evaluate and possibly file a test case on behalf of affected fans.

We are prepared to support your efforts with a substantial foundation of material, including incident reports, transcripts of exclusive interviews with injury victims and professional players who say they warn their own families not to sit in unprotected seats. We believe this is a great opportunity for the legal community.  A bold, principled legal strategy could finally hold powerful institutions accountable and protect fans from avoidable harm.

We look forward to collaborating with you to develop a legal legacy in fan safety.

Thank you,

Jordan Skopp

Founder, FoulBallSafetyNow.com

718-627-6767