Washington Complaint by a Baseball Game Spectator Struck by Bat Thrown by Player

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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

More than 30 million children and teenagers participate in organized sports today. About 288,000 of those are injured each year playing baseball.

Per ESPN, only two fans before Goldbloom had ever died due to head trauma caused by a baseball at an MLB game: a 32-year-old named Clarence Stagemyer, who died in 1943 after being hit by an errant throw to first at Washington's Griffith Stadium; and Alan Fish, a 14-year-old who died in 1970 after a foul ball at Dodger ...

Ing to FanGraphs, the odds of catching a foul ball are roughly 1-in-1,000 based on the number of foul balls hit each year into the stands and the number of fans who attend games. That's just a rough estimate.

While injuries at a public location would generally fall under premises liability laws (i.e., laws that allow you to sue if you get hurt on someone else's property) the MLB assumes that baseball fans are aware of the potential risk of a foul ball.

As of now, around 1,750 fans are hurt each year by foul balls at MLB games. Fans are hurt, on average, more often than batters are hit by pitches. Presumably this number is on its way down somewhat thanks to the recently-extended netting, but it's still a far more common threat than most fans likely suspect.

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Washington Complaint by a Baseball Game Spectator Struck by Bat Thrown by Player