Posted On: July 15, 2008

Ballpark Safety and Liability

The recent injuries suffered by Dominic DiAngi who was hit by a foul ball while watching the Cubs play at Wrigley Field in Chicago, Illinois have brought to public attention some risks of watching baseball. If a fan is struck by an errant ball while at a field, the team while not likely be held legally responsible. Teams are practically immune in almost all cases, so the injured fan will bear the cost of his injuries. Exemplifying this is the mini contract printed on the back of each ticket warning that the holder “assumes all risk and danger incidental to the sport of baseball.” However, the teams are not completely immune, for example, legal precedent requires netting to be placed in front of the most dangerous areas of the stands, but fans are still liable for any balls or bats that make it past that netting. Laws in Illinois in the 1990s emphasized immunity from lawsuits for clubs that do put up netting.

It may seem like a remote possibility that a fan will be injured at a game, but about 300 people a year are hospitalized after receiving injuries from being struck by foul balls at major and minor league games. In 1970, a 14-year-old was killed after being struck in the head by a foul ball. Read more here.

Posted On: July 9, 2008

Metal Spike Found in Teen’s Brain

Chris Clear, 19 years old, was helping to move a roto-tiller when he felt what he thought was a rock hit him in the face. In actuality, a metal pin from the roto-tiller had shot into his brain. After the accident, his nose began bleeding profusely, which is when he went to a local hospital, and they x-rayed his neck, where the pain had shifted. The hospital sent him home after the x-ray, incorrectly diagnosing him with only a cervical sprain. The second trip to the hospital revealed the true problem: the large metal pin had lodged in Chris’ brain. Apparently the blunt end of the pin went in through his nose, past his eye socket, and got lodged in the back of his brain. Chris’ prognosis was grim: death, paralysis, mobility and speech impairments were all distinct possibilities. Chris was fortunate, however, the pin missed several major arteries and after a 9 hour surgery the pin was removed and he is almost like new. The only left over symptoms: if he touches his scar his front teeth go numb and his taste in food has changed, but that appears to be it. While Chris is lucky to be alive and well, he did not have insurance coverage at the time, which means the expensive surgery costs will be great to bear. To read more click here.