Question

I Was Hit By A Foul Ball At An MLB Game. Can I Sue?

Accepted Answer

If you were hit by a foul ball at an MLB game, you may be able to sue. It all depends on your situation.
How Your Situation Determines Your Ability to Sue
While injuries at a public location would generally fall under premises liability laws (i.e., laws that allow you to sue if you get hurt on someone else’s property) the MLB assumes that baseball fans are aware of the potential risk of a foul ball. Not only are spectators assumed to be aware of the expected dangers when attending a baseball game, but these dangers are also often printed on the back of the baseball ticket.
Additionally, the “Baseball Rule,” which the majority of courts follow, places the duty of care back onto the stadium fans, stating that it is their responsibility to avoid injury. This is especially true if the guest chooses to sit in a part of the stadium without protective netting.
The area directly behind the home plate has nets for baseball fans that prefer to avoid the risk of a foul ball. However, many baseball stadiums are extending this safety netting to offer additional protection to fans outside of that specific area.
Determining Eligibility for Compensation After an Injury at an MLB Game
Even with the assumption of risk, there are a few situations in which you could be eligible for compensation for injuries sustained at an MLB game.
New York’s comparative negligence doctrine means that the court can rule that both the MLB stadium and the baseball fan are liable. This means that while the spectator assumes the risk of a foul ball, the stadium can also be liable for the injury if its negligence caused or contributed to the accident occurring.
In a situation in which both you and the other party are liable, your compensatory amount is reduced by the percentage that you are liable. For example, the MLB might claim that you are wholly responsible for your injuries, but if an injury lawyer can prove the stadium failed to act in some way that caused or contributed to your injury, you may be entitled to compensation.
Our team can look into your injury and determine the best way to approach your case.
Proving Negligence in Your MLB Foul Ball Injury Case
Just as negligence is an important factor in other types of personal injury cases, it is also necessary to prove fault in an MLB foul ball case. In order to establish that the stadium is responsible, or partially responsible, for your injuries, we must identify that they did not uphold their standard of care for your safety and well-being.
A few examples of negligent actions might include:

Not meeting federal netting requirements
Not making necessary repairs to holes or tears in the safety netting
Failing to maintain the structure of the building or seats
Failing to offer sheltered seats in high-risk areas

Although visitors assume some level of risk when attending an MLB game, New York also expects stadiums to offer safe seating options, such as a netted space behind higher risk areas.
Our Team Will Fight to Get You the Compensation You Deserve
If the stadium was negligent in its care, then we may be able to hold it liable for your injuries. We will fight to collect the maximum compensation available. The speed of a foul ball paired with the close proximity of seating to the field can result in extensive injuries. The majority of foul balls strike the face which often results in severe injuries to the face, eyes, or brain.
A foul ball injury can leave you with expensive medical bills including reconstructive surgery needs. You may also have to take time off work to recover from these injuries.
We will work to collect compensation for the following types of damages:

Medical costs
Lost wages and benefits
Diminished earning capacity
Impaired quality of life
Pain and suffering
Wrongful death damages, if your loved one died from their injuries

Call For A Free Consultation Today With A Personal Injury Lawyer
Your legal eligibility regarding an MLB foul ball case depends on many factors including the cause of the injury, the actions of the stadium, and the extent of your injury.
It is important to evaluate your legal options as soon as possible. New York gives injured parties a limited time to file a personal injury lawsuit. It takes time to investigate your case and collect important records. The best time to gather evidence such as witness statements and video footage is as soon after the incident as possible. The sooner you contact us the greater our opportunity to build the strongest case possible on your behalf. For the above reasons, it is crucial that you speak to a personal injury lawyer as soon as possible.
Call Friedman & Simon, L.L.P. today for a free consultation: 516-432-0400. Our staff is available to assist you in English, Spanish, Bengali, Greek, Kannada, or Tamil.

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