Posted on July 20, 2012 · Posted in Brain Injury

The father of a 6-year-old girl who sustained brain injury after being hit by a foul ball at an Atlanta Braves game has filed suit against the team, according to the Atlanta  Journal-Constitution.

The Braves, team parent Liberty Media Corp., and Major League Baseball Enterprises were named as defendants in the suit, which was filed last Monday at Fulton County State Court. The litigation alleges that they were negligent, not protecting the girl, whose name was withheld by the Journal-Constitution, at Turner Field.

The accident took place Aug. 30, 2010, when the Braves were playing the New York Mets.

There are roughly 200 lawsuits a year filed by baseball game attendees, even at Little League games, who were hit by baseballs or bats, according to Journal-Constitution.

The lawyer for the girl in Georgia said that teams can cut down on spectator injuries from baseballs by installing more protective netting behind home plate at stadiums. But apparently teams don’t like to put up too much netting because it obstructs the view for attendees.

Will this latest lawsuit succeed? After all, baseballs fans essentially agree to a waiver regarding any injuries they may sustained at the game.

As the Journal-Constitution noted, the back of MLB tickets say, “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 … the danger of being injured by thrown  or batted balls, thrown or broken bats.”





About the Author

Attorney Gordon S. Johnson, Jr.
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice :: 800-992-9447