New York Complaint by a Baseball Game Spectator Struck by Bat Thrown by Player

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Multi-State
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US-03253BG
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Description

A person who operates a place of public amusement or entertainment must exercise reasonable care with regard to the construction, maintenance, and management of his buildings or structures and his premises, having regard to the character of entertainment given and the customary conduct of persons attending such entertainment. The operator must employ sufficient personnel to maintain the premises in a reasonably safe condition. He or she must use ordinary care to maintain the floors and aisles along which patrons are expected to pass in a reasonably safe condition for their use; and this principle has been applied in cases where personal injury resulted from a slippery floor, aisle, ramp or walkway, defective carpet, or the presence of an object the floor or in the aisle.


Injuries that can be classified under sport spectator injuries are generally arising out of:
" An inherent risk or hazard in the sport being watched,
" The actions at a sports arena by a third party, an employee, or another spectator, or
" Hazardous defects in a sports arena unrelated to the event.


Lawsuits for sport spectator injuries are generally based on negligence principles. That means to be successful, you must prove that:
" A defendant owed you a duty of reasonable care under the circumstances,
" They breached their duty,
" You were injured, and
" The defendant's conduct was the cause of your injuries.


Depending on the circumstances in a lawsuit by an injured sport spectator, the following can be liable:
" Owners and operators of the sports arena,
" Promoters of the sports event,
" Concessionaries and other employees,
" Participants or athletes in the event, or
" Other spectators.

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FAQ

Although baseball and softball are non-contact sports, most serious injuries are due to contact/a collision ? either with a ball, a bat, the ground, a wall (such as an outfield wall), or another player. This contact can result in injuries to any part of the body, including the face, head, arms, hands, legs, and feet.

As explained in our article about it, it's a rare, rare occurrence -- only three spectators have been known to have been killed by flying baseballs in the game's 150-year history -- but it's nonetheless a tragic story.

That is, the owner and/or organizer owe a duty to the spectators to take reason- able care to protect spectators from foreseeable injuries.

In American tort law, the Baseball Rule holds that a baseball team or, at amateur levels, its sponsoring organization, cannot be held liable for injuries suffered by a spectator struck by a foul ball batted into the stands, under most circumstances, as long as the team has offered some protected seating in the areas ...

A fan hit by a foul ball knew the possibility of injury, so the sports stadium isn't necessarily responsible. Anything classified as reasonably occurring at a baseball game is not the fault of the owner. You knew the risk, so any injury that results is simply something that happened.

In American tort law, the Baseball Rule holds that a baseball team or, at amateur levels, its sponsoring organization, cannot be held liable for injuries suffered by a spectator struck by a foul ball batted into the stands, under most circumstances, as long as the team has offered some protected seating in the areas ...

Almost certainly no. Pretty much all states have a legal rule called assumption of the risk. That means that anyone who voluntarily participates in or chooses to attend a sporting event assumes the risk of being injured by the inherent dangers or risks of the particular sporting event.

MLB stadiums require specialized netting in areas where foul balls or other projectiles often land. Negligence in any form regarding this netting is an example of how the rule no longer applies to the owner, and you can rightfully sue.

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New York Complaint by a Baseball Game Spectator Struck by Bat Thrown by Player