Baseball games are usually a fun time for all. But even the most idyllic of days can take a turn for the worst. Foul balls that go into the stands are frequent, which can, in addition to causing your favorite team to strike out, cause severe injuries.
If this happens, it is not usually considered the fault of the team or the baseball stadium. the fault depends on a lot of things, which the experienced Baltimore personal injury lawyers at Rice, Murtha & Psoras can help you figure out.
Contact a Baltimore sporting event injury lawyer at Rice, Murtha & Psoras so you can get compensated for a personal injury sustained from getting hit with a baseball during a game in Maryland. Call our offices at (410) 834-3859 or pay us a visit online.
Risk of Injury as a Baseball Spectator
If you have been hit by a baseball at a baseball game in Maryland, it is likely that you will not be able to sue for your injury. This is due to the concept of assumption of risk. This concept means that a certain activity or event is risky and that anyone that participates assumes the risk of that activity by being present.
Assumed risk removes liability from the person or people responsible for the facility since the people attending the game know that they are making themselves susceptible to a major risk. it should be noted that assumed risk applies to the risk of mishaps at other places that carry risk, such as injuries at amusement parks.
In the case of a baseball game, a spectator that gets injured by a baseball assumed the risk of being hit by a baseball when they enter the stadium. In most cases, this means that they cannot sue the team or the venue that the game is taking place in for their injury.
Assumed risk and accidental injury are so common in baseball games that they have led to a commonly accepted rule known as “the baseball rule.”
According to the baseball rule, the owner of a venue is not liable for injuries suffered by spectators as long as the most dangerous parts of the spectator viewing area (behind home plate) have netting or another barrier to protect people from getting hit.
Anyone sitting farther from the action, which is not protected by netting or another barrier, assumes the risk of being hit by a foul ball.
Exceptions to the Assumed Risk Rule at a Sporting Event in Maryland
There are exceptions to the rule of assumed risk, which should be noted by spectators of baseball games. If a stadium has not put up netting or a protective barrier in the most dangerous parts of the stadium, then they may be liable for an injury resulting from a foul ball that goes into the stands, and the injured person may be able to sue.
Assumed risk only applies to the risk of the normal happenings of the game. Activity that happens outside of what usually happens during a baseball game is not protected by assumed risk.
For example, if someone were to throw a ball into the stands deliberately and it hits and injures a spectator, then the team and venue are not protected by assumed risk since that risk was not assumed by the person who was hit when they chose to participate in that activity.
If an athlete behaves in an aggressive way or in a way that is outside of the standard rules of the game and it causes a spectator injury, then the athlete may be held personally responsible for the injury, though this is a rare occurrence.
A baseball stadium may be liable for an injury sustained by a foul ball if proper netting between the playing field and the spectator area wasn’t provided.
In some cases, failing to provide proper netting around the areas that are most dangerous (or failing to fix holes or rips in the netting) may be negligence, and could be a case of premises liability.
In order to sue for injuries sustained by improper netting, you will need to prove that the negligence led directly to your injury.
Baseball spectators should also note that injuries that come from faultiness of the venue may be the result of negligence on the part of the baseball stadium.
This could be a slip and fall, an injury because of improper construction and maintenance of facilities, being trampled in a crowd due to overcapacity, or a pedestrian car accident that happened due to poor crosswalks, intersections, traffic control, or signage.
Talk to a Maryland Baseball Injury Lawyer About Your Case
If you have been injured by a baseball at a baseball game in Maryland, you may be able to sue for your injuries. Allow the experienced Maryland attorneys at Rice, Murtha & Psoras help you get compensated.
If you are interested in learning more about how Randolph Rice can help you with your case, contact us as soon as possible. Visit us online or call our offices at (410) 694-7291.