When you attend a sporting event, you never expect that you might be injured sitting in the stands. Fly balls and foul balls may enter the stands, but the odds of getting hit are low – especially in large stadiums. However, if you were hit by a baseball, it does not matter what the odds were – the only thing that matters now is getting the medical attention you need and getting those damages covered. Miami sporting event injury attorney Prosper Shaked discusses how you may be able to sue if you were hit by a baseball and what challenges your case might involve.
Whom Do You Sue if You Get Hit by a Baseball at a Game?
Baseballs typically go into the crowd in two situations: long hits that enter the stands and foul balls that pop back after the batter hits it or go wide of the baseline and enter the stands on the side. In any case, the ball may be traveling very fast off the hit, especially in professional baseball games. With foul balls that fly backwards past the batter, there is typically netting to prevent the ball from entering the stands, but the netting is not always enough to block the ball. Depending on the circumstances around the accident, you may sue different parties for injuries like broken bones and brain injury.
The player who hits the ball might share some of the blame, and you may be able to sue them. If they did something dangerous or reckless to make the ball go into the stands, they could share personal liability, and their team might be a target of the lawsuit as well.
In many cases, the injuries sustained from a stray baseball occur because the safety netting, walls, or fences were not enough to stop the ball. If a ball goes around the netting, there is nothing to stop the ball from hitting a fan. In this case, the stadium operators might be responsible for the injuries, and you may be able to sue the stadium for the damages you faced. This could include suing the franchise as well, since they are often responsible for incidents in the stadium during their games.
You may also be able to sue someone else for injuries if they helped contribute to your injury by putting you in harm’s way. For example, a rowdy fan who pushes you into the path of the ball or moves your glove so you cannot catch the ball could be partly responsible for your injuries.
Problems with Suing for Injuries from Being Hit by a Baseball
There are a few potential legal hurdles you may have to overcome to sue in your case. Baseball franchises and stadium operators take steps to prevent lawsuits and clear themselves of liability for injuries at stadiums and baseball fields. Because of this, you may need an attorney to bring sophisticated legal arguments to win your case.
The first issue is the liability waiver contained alongside most tickets. Tickets to sporting events often contain a contract with the venue where you agree that they can deny you entry or kick you out under certain circumstances, and you also agree not to hold them liable for certain types of injuries. In some cases, you may be able to get around this waiver and sue for injuries at the sporting event, including injuries from stray baseballs or other injuries from dangerous property defects.
A second issue is known as “assumption of the risk.” Most people who attend baseball games understand that there is a chance they could be hit by a baseball, however unlikely that is. Because this is expected, the defendant might argue that you assumed the risk of getting hit and thus cannot sue for it. Our attorney can work to overcome this kind of legal challenge.
Lastly, they may argue that you contributed to your own injuries. Unless you intentionally moved into the flight path of the ball, this is a difficult argument to make, and our attorney will work to challenge any such accusations.
One way of overcoming many of these challenges is by pointing to the intentional steps that the franchise or the stadium operators took to keep people safe – netting, fencing, etc. – and the failure of those precautions to actually keep people safe. Since the stadium stepped in to put up netting, it is their responsibility to ensure that it does its job, and if the net has holes in it or gaps in coverage, they might be responsible for those holes despite waivers and assumption of the risk arguments.
Lawyer for Injuries from Stray Baseballs
Talk to a lawyer about suing if you were hit by a baseball at a game in Miami. You may have sustained serious injuries that require compensation for your medical attention, lost wages, and pain and suffering. These damages could be severe whether you were hit at a professional baseball game, a local game, or a school sports event. Talk to a lawyer for help understanding whom to sue and what your case might be worth.
Call Our Baseball Injury Attorney for a Free Legal Consultation
If you or a family member was injured by a baseball, call Prosper Shaked Accident Injury Attorneys PA today. Our Miami personal injury attorney might be able to take your case and fight to get you the compensation you deserve despite the potential issues with these kinds of cases. For a free legal consultation on your sports injury or other injury case, call our law offices today at (305) 694-2676.