Newsbreak: Injured Baseball Fan Strikes Out! [Video]

A minor league baseball fan cries foul when a foul ball hit her in the head, causing severe and permanent injuries.

Comstock

Now with spring training underway, in today’s Newsbreak Lawyers.com Editor-in-Chief Larry Bodine tells you about a case involving dangers of sitting at the wrong place in the wrong time. What are your rights if you’re injured by a baseball that flies into the stands?

At a South Shore RailCats game in Gary, Indiana, a ball hit Juanita DeJesus, fracturing her facial bones and blinding her left eye.

She sued the team and the franchise owner, claiming they should have put up more extensive protective netting. Juanita lost her case because the court ruled she assumed the risks of dangers in attending the game. Larry provides a play-by-play, describing how Juanita ultimately struck out in court:

• Strike one – The court noted the stadium announcer warned fans that bats and balls may enter the seating area at a high rate of speed and could pose dangers.
• Strike two – The court said the ticket warned the buyers of the dangers, stating that the ticket holder agreed that the owner and team would not be liable.
• Strike three – The court held Juanita had attended many games in the past, was aware of the risks of foul balls, and could have sat elsewhere.

Watch Larry’s video. You can decide what’s foul play and fair game in this case, and if the court was a level playing field.