On August 30, 2010 at a Braves-Mets game at Turner Field, a foul ball struck the head of a 6 year old girl. As a result of the hit, her skull was fractured, damaging her brain. This week, her father and the family’s personal injury lawyer filed a personal injury lawsuit against the Braves, Liberty Media Corp and Major League Baseball Enterprises. The suit alleges that they were “negligent for failing to provide proper protection for his daughter.” Despite tons of suits that are filed each year by spectators who were struck by balls, the Braves and the MLB declined comment on this particular suit.
The suit was filed Monday in Fulton County State Court and does not reveal the identities of the girl and her father to protect the girl’s privacy. The personal injury lawsuit seeks unspecified damages for the girl’s pain and suffering, punitive damages and compensation for the family’s medical expenses, which are expected to be in excess of $100,000.
Approximately 200 lawsuits are filed every year by spectators hit by bats and balls at all levels of competition down to Little League, said Gil Fried, representative for the University of New Haven’s management and sports department. Typically, the lawsuits rarely succeed. “It’s the baseball rule: Tough luck. When you come to the ballpark, you assume the risk,” Fried said. In fact, the reverse side of all baseball tickets offers this warning: “The holder assumes all risk and danger incidental to the game of baseball, whether occurring prior to, during or subsequent to, the actual playing of the game, including specifically … the danger of being injured by thrown or batted balls, thrown or broken bats.”
For the sake of this family, hopefully their personal injury lawyer will be able to get them the compensation they deserve. It is always wise to speak with an experienced injury attorney to help you or your family file an injury lawsuit. Call one of the Myrtle Beach personal injury attorneys at The Mace Firm. Our experienced Myrtle Beach lawyers are ready to speak with you about your case.