Foul Ball Injuries

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“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Foul Ball Injuries

MLB Games and Foul Ball Injuries

Over the past few years, Major League Baseball team parks across the country have placed extended safety netting to protect their fans from serious injury. As more and more players hit balls with greater force, it’s no surprise this netting has become crucial for the safety of attendees nearest the field of play. After all, even those paying proper attention at the game are at risk of getting hit and severely injured by foul balls and bats.

The Houston Astros Accident

Several months ago, a young girl was hit by a foul ball at a Houston Astros, Chicago Cub baseball game. The child was sitting with her family on the third-base side, not far from where the netting ended, leaving her exposed. When the foul ball was hit toward her, she could not duck in time, nor could her parents or anyone around her deflect or catch it. The child, who still hasn’t been named, was severely injured when the ball hit her in the head.  She suffered a fractured skull with bleeding and swelling on the brain.  She later suffered a seizure as result of her injuries. Although she is now out of the hospital, her life and those of her loved ones have been forever impacted.

Whose Responsibility Is It?

MLB teams warn all attendees about the danger of foul balls.  Legal disclaimers are included on all gameday tickets and are posted throughout the stadiums and even on team websites.  The disclaimer states that fans must pay attention during the game and accept responsibility if they are hit or injured by a foul ball or bat. The warning/disclaimer also stats that neither the team nor the Major League Baseball entity is liable for any accident/injury. Should someone attempt to sue the MLB team to recoup medical fees and lost wages due to a foul ball injury, they will most likely be unsuccessful.  The key is to hire an attorney who will determine if a claim can be pursued.

With that said, it’s up to Major League Baseball to ensure fans are safe. Placing extended netting to absorb foul balls is the most obvious thing to do, even if spectators claim the netting interferes with their field of vision. Some people also want to be able to catch foul balls that come their way, and the netting would make that practically impossible. While it’s not possible to make everyone happy, the game does need to be safer, because injuries like the one this young fan sustained should never happen again!

Have you or a loved one been injured at a Major League Baseball game? Call me to discuss and I’ll Make Them Pay!®

 

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3 years ago
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3 years ago
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3 years ago
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4 years ago
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