I was struck by a baseball at a ballgame; can I sue?

When attending a major league baseball game, baseballs are frequently fouled off into the stands. It is also not uncommon for injuries to occur as a result of balls striking fans that are either inattentive or not able to react fast enough to avoid being struck. The question then arises; does the injured fan have the right to sue for injuries?

As a general rule, a fan attending a baseball game assumes the risks inherent in the game, such as balls being hit into the stands. This can also include situations where a bat flies out of a batter’s hands and leaves the field of play, striking someone.

There is an exception to the above rule, which is if there is a known risk that the stadium or the team is aware, and fails to take appropriate steps to safeguard its customers, there may be liability. In a case that occurred at Joe Robbie Stadium, in a game between the Florida Marlins and the Philadelphia Phillies, Phillies relief pitcher Mitch “Wild Thing” Williams was warming up in the bullpen. The team had previously placed a net at the end of the bullpen because of the risk of a wild pitch going into the stands; however, a week before the incident the stadium lowered the net so as not to obstruct fan’s view of the game. Williams threw a warm-up pitch that sailed over the lowered the screen, striking a woman in the face, breaking her nose and causing headaches and concentration problems. She successfully sued the stadium and the team for injuries based upon their actions in failing to protect her from a known risk, not inherent to the play on the field.

This case is an example that there are exceptions to the general rules preventing claims against sports teams for injuries occurring at stadiums and arenas. If you are injured at a sporting event and have questions about your legal rights, call the attorneys at Dell & Schaefer and we will be able to answer your questions and assist you in obtaining any compensation for which you may be entitled.