Many people like to watch baseball games, and some are passionate fans of the sport. On the major and minor league levels, teams have taken steps to enhance fan safety in the wake of numerous high-profile incidents in which spectators have been injured at games. However, these steps do not completely eliminate the possibility of injury. Further, fans are at even more risk when they attend games at other levels without safety precautions. If you have been injured in an accident at a baseball game, you could be entitled to financial compensation.
Teams Have Tightened Safety as Many Fans Have Been Hurt
There have always been incidents in which foul balls have struck fans at baseball games. In other cases, Spectators have been hurt or even killed in falls from heights at large baseball stadiums. Team members have recognized their liability and implemented safety measures, including nets that protect fans from foul balls. However, teams and stadium owners cannot take the steps necessary to fully reduce any chance that you may be hurt at the game.
What Factors Affect Whether I Can Receive Compensation?
Baseball injuries are treated under the principles of premises liability law. This area of personal injury law relies on negligence as the basis for a successful claim. A baseball team is like any other property owner with a legal obligation to act reasonably under the circumstances to protect you when they invite you to their premises. As soon as they hold their stadium out to you, they assume a duty of care that they owe you.
Teams may tell you that you assume the risk of being struck by a foul ball or otherwise injured when you purchase a ticket or attend a game. This does not tell the whole legal story. Like any other circumstance involving a waiver, a property owner can still be liable when they fail to protect you. It may be more difficult to obtain compensation when injured in a stadium with adequate protective netting. Further, there would also be an inquiry as to whether you took the necessary measures to protect yourself.
You may have a better chance of obtaining compensation when you attend a game at a stadium where the owner or entity responsible for safety did not take adequate steps to protect you. For example, the net may not have been extended far enough, or there may have been holes. The team may have had too many seats in exposed areas, where foul balls could strike fans. It is also up to the team to structure the stadium to offer you safer options so you are not always in harm’s way.
Remember that the batter who struck the ball is never liable to you. They were simply playing the game and doing their job. The team would be the potentially liable entity that you would sue.
Everything depends on the facts and circumstances of the situation. You should contact an experienced premises liability attorney after you have been hurt so they can review the stadium’s safety situation and the measures the team may have taken to protect you. Never assume that you are not entitled to compensation without speaking to a lawyer.
Contact the Brooklyn Personal Injury Lawyers at Rubenstein & Rynecki
The Brooklyn personal injury lawyers at Rubenstein & Rynecki can help if you have been injured at a baseball game. Call us today at 718-522-1020 or contact us online to schedule a free initial consultation. Located in Brooklyn, we work with clients throughout New York City, including The Bronx, Manhattan, Queens, and Staten Island.
