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Baseball is the great American pastime, but even when it comes to fun and games, there’s a chance someone can get hurt.
It may not be something many people think about, but people do get injured at Major League Baseball. Some of these injuries require medical care – and even hospitalization. In fact, a New York Pizza restaurant owner was recently hit in the head with a foul ball, suffering a concussion.
What happens when you get injured at a baseball game? Who is responsible if you sustain injuries that leave you with thousands of dollars in medical bills? Read on to find out.
In general, injuries that occur in public places fall under premises liability laws, which are laws that allow a person to sue if injured on someone else’s property. However, in cases where you are hurt by something like a foul ball at a major league baseball game, you may not be able to pursue your case in this way.
Why? Because those responsible for baseball believe fans are aware of the risks going to a game can entail, such as being hit by a ball. Often, warnings for these dangers are printed right on the back of your baseball ticket.
Then there’s the “Baseball Rule.” This rule places the duty of care squarely on the shoulders of the fans who pack the stadiums. Essentially, if you choose to sit in a part of the stadium that doesn’t have protective netting, any injuries you incur may be your own fault – according to the rule, anyway.
Even though fans carry the assumption of risk, that doesn’t mean there aren’t situations in which a person is eligible for compensation for their injuries at a baseball game.
Under comparative negligence laws in New York, the court can rule that both the fans and the stadium are responsible for the injuries, assigning a percentage of fault or negligence to each party. So, if it’s ruled that you are 60 percent to blame for your injuries and the stadium is 40 percent and the judge awards you $100,000, you can only get a maximum of $40,000 due to comparative negligence.
However, if your attorney can show the court that your injuries resulted from the stadium’s failure to act – and that failure contributed to your injury – you may be able to get more compensation.
This is why it’s vital to meet with an experienced attorney so that they can assess your case and let you know your chances of coming out successfully.
To hold a baseball stadium liable, you must show how they were at fault for your injuries. That means establishing that the stadium is at least partly responsible for what happenedy. You do this by identifying how they failed to meet the standard of care to ensure your health.
Some examples that can show the court how the stadium was negligent include:
● Failure to meet federal netting requirements
● Not making repairs to tears or holes in safety netting
● Failure to maintain the building structure of the seats
If you’ve been hurt, contact an attorney today.
