Can I Sue for Foul Ball Injuries?
Unsafe Premises - September 25, 2019
We have plenty of sports fans in and around Chicago. There is no denying that. However, have you ever wondered what happens in the aftermath of a foul ball injury?
Recent Foul Ball Injuries
We have all seen cases on the news over the last few years in which a major league player hits a foul ball into the crowd and someone gets seriously injured. One of the most recent cases that garnered attention happened in July when the Cubs went down to Houston to play the Astros. Cubs center fielder Albert Almora Jr. sliced a foul ball into the crowd where it struck a 2-year-old girl in the head, fracturing her skull. The video footage is harrowing, and we see Almora Jr. drop to one knee, clearly upset by what happened.
These cases are not rare. Major League Baseball has been trying to figure out what to do about these injuries. In June, a Chicago White Sox fan was hit during a game. Another incident happened in Los Angeles. Last year, a 79-year-old woman was killed by a foul ball at Dodger Stadium.
The debate over whether or not MLB should mandate netting that extends farther down the lines is still raging. Many teams are voluntarily extending their netting, some of them even doing so all the way to the foul poles in the outfield. More and more stadiums are pushing their seats closer to the field of play. Players are much stronger than they used to be and pitches hovering around 100 mph are no longer rare. When these balls fly off the bats, they enter the stands at high speeds.
Can Teams and Athletes be Held Liable?
When you purchase tickets to a game, whether a baseball game or to some other professional event, look at the small print on the back. By purchasing a ticket, you are agreeing that the stadium or sports team cannot be sued due to things like flying pucks, balls, or players that may enter into the fan area.
These disclaimers generally hold up in court. By going to a game, you are assuming the risks associated with what could happen in the stands.
The only way a person could foreseeably be successful in a premises liability case for a foul ball injury is if the stadium or team was negligent or reckless in their duties to keep you safe. This could include defective netting or netting that was not properly maintained, leading to you getting struck and injured by a foul ball.
What Kind of Compensation Could I Recover in this Case?
If the team was indeed negligent in their duties or you think they were, you need to speak to a Chicago premises liability attorney with experience in Illinois liability cases. Horwitz, Horwitz & Associates will look at all the fact of your case to determine if you are eligible for the following recoverable damages:
- Medical expenses related to the incident
- Lost wages and benefits if you cannot work
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages against those responsible
Remember, these cases are tough to prove. You can contact us for a free case evaluation by clicking here..