The Missouri Supreme Court is allowing the lawsuit between the Kansas City Royals and a fan hit by a flying hot dog to go forward. The court ruled that the baseball rule, which protects teams from being sued over fan injuries, doesn’t apply to the mascot tossing objects to fans.

The case goes back to 2009, when a fan claimed he was struck in the eye by a hot dog tossed by Kansas City’s mascot Sluggerrr. He had two surgeries and is seeking about $20K in compensation.

Today on Outnumbered, Andrea Tantaros said she believes the man has a legitimate case.

She said, “If you read the back of a ticket, they’re very clear about this. You assume some kind of risk when you enter that stadium. However, are you to assume it’s an equal amount of risk for a baseball that could come at you intentionally? You’re not expecting the mascot to hurl a foil-wrapped hot dog at your face.”

#Oneluckyguy Brian Kilmeade thinks blame lies elsewhere. "I blame the hot dog. It's a dangerous food."