Baseball tickets are beginning to go on sale for next year's games. But before you purchase your tickets, you may want to educate yourself on injuries that can occur at a baseball stadium and how the "Baseball Rule" impacts your ability to collect money for medical expenses and pain and suffering. This may cause you to think twice before buying tickets as close to the field as you can. Here is some information baseball fans should know about the "Baseball Rule" and personal injury cases.
The "Baseball Rule"
When you take in a baseball game, there is a risk that a foul ball or home run can hit you, or that a bat may shatter and you could get injured by the flying shards of wood. The "Baseball Rule" is a principal that has held up in court that basically states that as long as baseball stadiums and owners make you aware of the risk, they can't be held liable for any injuries you sustain. They make fans, such as yourself, aware of the risk by placing signs warning individuals to be aware of flying balls and bats and by placing a disclaimer on your baseball tickets that they are not responsible for any injuries you sustain due to flying balls and bats.
Whether the Baseball Rule Can Be Challenged
In order to file a personal injury claim against someone, you must prove that they knew of a hazard, or potential hazard, and failed to protect you from it accordingly. This clause is the reason all baseball stadiums have netting up around the home plate area of their stadiums. While fans have some risk involved in sitting in that area, the stadium has a duty to keep those fans safe, which the netting helps to do. Unfortunately, spectators sitting outside of this danger area are now starting to get struck with balls and bats. The question becomes whether the stadium should be installing netting or safe-guards from foul pole line to foul pole line to keep people safe. And in July of 2015, a woman brought a federal class action lawsuit against Major League Baseball asking them not for money, but to implement this safe guard. As such, it seems that the tide may be shifting and that an injured party may be able to show that MLB is aware of the frequency with which injuries in stadiums occur, yet still are not properly safeguarding fans.
How This Impacts You as a Fan
When you go to a baseball game, you know that there is always a possibility that you can get hurt or injured by flying debris from the game. And even with safeguards in place, there is always the chance that the ball goes over the netting or small pieces of a wooden bat fly through the netting. Stadiums cannot eliminate all risk for spectators, which is why they limit their liability and make you aware of these risks. However, there is a difference between fluke accidents and something happening repeatedly that can be controlled. Fans sitting down the first and third baselines are being hit with balls and bat pieces. Because it has happened more than a few times, a pattern is developing. MLB needs to implement policies to protect fans, or you can expect to see someone challenge the "Baseball Rule" and possibly win their personal injury claim. As of right now, as a fan, you need to be aware of the risks involved with the seat you select and be aware that to date, no one has challenged the "Baseball Rule" in court and won. But, if you go to a game and are injured while sitting down the first and third baselines, you will want to speak to a personal injury lawyer right away.
When you go to a baseball game, there is always a small chance that you can get injured by flying debris. However, Major League Baseball also has the duty to keep fans safe, and if something is happening repeatedly, it can be argued they are failing in their responsibility. If you happen to get injured at a game, speak with a personal injury lawyer. While there is no guarantee they can recover any money for you, they may be able to successfully challenge the "Baseball Rule" and secure you money for your injuries. Contact a company like Kornfeld Robert B Inc PS for more information.