Attending a baseball game is an exciting experience, but it comes with risks that many fans may not realize. An NBC News investigation found at least 808 reports of injuries to fans from baseballs between 2012 and 2019, highlighting just how common these incidents can be. Foul ball injuries, ranging from minor bruises to severe head trauma, are a potential hazard at every game. This raises an important question: Can fans sue for foul ball injuries?
The legal answer isn’t always clear-cut, as stadiums and teams often have protections in place to limit their liability. However, there are specific situations where injured spectators may have grounds for a personal injury claim. Whether negligence or unsafe stadium conditions contributed to the injury can determine whether a lawsuit is viable. Let’s explore when foul ball injuries might lead to a legal case and how Deldar Injury & Trial Attorneys can help injured fans pursue compensation.
Neinstein v. Los Angeles Dodgers, Inc. (1986)
When fans attend a baseball game, they often assume the risk of being struck by a foul ball. This legal principle, called assumption of risk, means that by entering the ballpark, spectators acknowledge the potential dangers inherent in the game, including foul ball injuries. Teams and stadiums frequently include disclaimers on tickets that state fans voluntarily accept these risks.
For example, in the case Neinstein v. Los Angeles Dodgers, Inc. (1986), a woman hit by a foul ball at Dodger Stadium sued the team for negligence. The court relied on the precedent from Quinn v. Recreation Park Assn. (1935), which establishes that spectators assume the risk of being hit by foul balls when they attend games. The court explained that stadium owners do not need to screen all seats because many fans prefer unobstructed views. By providing some screened seats, stadiums meet their duty of care. Since Neinstein chose to sit in an unscreened area, the court determined that she had accepted the risk, and the Dodgers held no liability.
Other Legitimate Situations For Personal Injury
Although lawsuits based on foul ball injuries generally don’t succeed due to the well-established assumption of risk doctrine, there are other scenarios at a baseball game where an injured fan could have a valid personal injury claim. These claims typically arise from negligence or unsafe conditions. These circumstances are present within the stadium that go beyond the inherent risks of watching the game. Here are some specific situations where an injured fan might have legitimate grounds for a personal injury lawsuit:
1. Slip & Fall Accidents
Stadiums are responsible for maintaining safe walkways, stairs, and seating areas for all fans. If a fan trips and falls due to a wet, uneven, or poorly lit surface, or because of an obstruction that stadium management failed to address, they could file a personal injury claim. For example, a fan who slips on an unmarked wet floor in a concession area or stumbles on broken steps that haven’t been properly repaired may have grounds for suing the stadium for negligence.
2. Improper Security & Fan Violence
Stadiums must provide adequate security to protect spectators from violence or unruly behavior. If a fan is injured in a fight or assaulted by another spectator and there wasn’t proper security present to prevent or stop the incident, the stadium may be held liable. This could include situations where security failed to control intoxicated or aggressive fans, leading to an altercation that caused injuries. In such cases, the injured party could argue that the stadium’s failure to provide sufficient security directly contributed to their harm.
3. Defective Stadium Equipment & Structures
Poorly maintained or faulty stadium equipment can pose a significant risk to fans. If a seat collapses, a railing gives way, or an electronic scoreboard malfunctions and causes injury, the stadium management could be held responsible for failing to ensure the safety of its equipment. For instance, if a fan leans on a railing that unexpectedly breaks, resulting in a fall, the stadium could be liable for the injury due to improper maintenance or inspection of its facilities.
Each of these situations involves risks that go beyond the normal expectations of attending a baseball game. In cases like these, injured fans could potentially hold stadium owners accountable for failing to provide a safe environment.
Final Thoughts
While suing for foul ball injuries is unlikely, other types of accidents or negligence at the stadium may still warrant legal action. Whether you’ve been injured by unsafe conditions, defective equipment, or a lack of proper security, you deserve to understand your rights and options. Deldar has extensive experience handling personal injury cases and can help you determine if you have a valid claim.
If you’ve been injured at a sporting event and believe negligence was involved, our team is ready. We will investigate your case and fight for the compensation you deserve. We understand the complexities of premises liability and will work to hold the responsible parties accountable. Contact us for a free consultation at (844) 335-3271.