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Liability When Injured at a Baseball Game

Posted on Friday, July 7th, 2017 at 12:26 am    

Some sports have inherent dangers, but is that sufficient to make a serious injury when playing a sport like baseball entirely the fault of the player? How about spectators? It’s not unknown for people to be badly injured or even killed when a ball or another item which is normally part of the game hits a spectator. There are also occasions when a player, a spectator, or another person who has a job at a sports stadium is injured for some other reason entirely and the injury is not directly linked to the game being played.

Injuries while playing sport are hardly very newsworthy. They happen all the time and most players would assume that it is part and parcel of the risks associated with a contact sport or a game in which there is a risk of being hit by a hard object.

Baseball injury statistics

It seems that children playing baseball are injured more than any other age group, more so than professional players. There are around 627,000 baseball injuries every year with 117,000 injuries affecting children between the ages of 5 and 14. The figures were supplied by the American Association of Orthopedic Surgeons. According to a study made by the University of North Carolina, there were three times as many deaths caused by a direct hit by a baseball as there were other deaths caused by things like overexertion or heat stroke. The same University has reported that more children die of a direct baseball hit than in any other sport.

Spectator Injuries at a baseball game

Around 4,000 baseball spectators are injured because of a misdirected ball hitting them every year. Deaths are not common, but are certainly not unknown. One girl who survived a foul ball strike in 2010 escaped with a broken nose after a ball traveling at 90 mph hit her while she was watching the game.

Assumption of risk

Most injuries that happen as a direct result of a baseball game are unlikely to lead to a personal injury claim made against either a player or the stadium owners. There is a law in most states based on what is called the “assumption of risk,” which provides protection from litigation. Basically, the law assumes that if you play a game like baseball or watch it as a spectator you have taken a deliberate known risk. In fact, most tickets to games like baseball or hockey will carry a disclaimer on them which specifically exempts the team or stadium owner from liability if a fan is injured during the game.

Assumption of risk does not apply when the accident is not directly related to the game and therefore could not be anticipated as a risk. For instance, if a spectator is hit by a puck which is thrown into the crowd after the game is over for whatever reason, then this is not part of the game and it is possible that the injured person could then claim compensation.

More commonly, both players and spectators are injured as a result of faulty infrastructure, building collapses and other reasons which may be due to lack of proper maintenance. If a fan slips and falls, a common injury, possibly due to negligence on the part of the stadium owner, then the personal injury implications are the same as anywhere else.

More difficult to make a decision about are accidents due to fighting, or when a spectator drinks too much and falls down a floor in the stadium. Many baseball events are marred by fighting between fans and alcohol is often a contributory factor. It is possible that the event organizers or stadium owner may be at least be partly to blame for these sorts of injuries which are indirect results of the game, rather than direct ones.

Call an attorney to discuss a baseball game injury which you think is not your fault

Call a personal injury attorney if you have been injured during a game of baseball in McAllen and think that you were not to blame. Our attorneys at the Patino Law Office will assess your circumstances and provide you with a professional opinion about your chances of making a successful claim for compensation. You can call the Patino Law Office in McAllen Texas on 956-631-3535 for a free consultation.