Can You Sue if You Get Hit by a Baseball in Pennsylvania?
Baseball is one of the most popular sports in the United States. Scores of people gather at Citizens Bank Park in Philadelphia to watch the Phillies and their opponent play nine innings of baseball. However, these spectators likely do not expect to be struck by a baseball with enough force to cause a severe injury. If you or a family member was seriously injured while attending a baseball game, contact an experienced Philadelphia sporting event injury lawyer. The Reiff Law Firm is prepared to help you pursue a claim against a sports team owner that may have acted negligently and caused your injuries. Our firm is here to explain whether you can sue after being hit by a baseball in Pennsylvania.
Who is Liable for Sporting Event Spectator Injuries?
When attending a baseball game or a sporting event, you probably do not foresee the possibility of leaving the venue with an injury due to a baseball or other object entering the stands. However, many people are aware of the inherent risks associated with attending a sporting event. For example, if you sit courtside at a basketball game, there is a possibility that a player chasing the ball may enter the stands and land on a spectator, injuring them.
When you purchase a ticket for a sporting event, you should read the disclaimer on the ticket issued by the arena. This disclaimer typically states that the venue owner cannot be held liable for injuries to a spectator because the spectator assumed the inherent risks associated with the game. This means that if a person attends a baseball game, they take on the possibility of being hit with a baseball or other objects.
The disclaimer that is used by the venue owner can also be referred to as the “no duty rule.” The “no duty rule” states that a defendant does not owe a duty towards visitors to protect or reimburse injuries that are a result of common issues at a sporting event. For example, if a spectator sits in the area of a park where foul balls frequently hit spectators, the property owner does not have to protect them from foul balls by installing a net or a similar method of protection.
The “no duty rule” is also similar to the baseball rule that is sometimes applied to injuries that occur at baseball games. The baseball rule examines whether the owner of the venue provided sufficient protection to spectators that are in the most danger during a baseball game.
While property owners may attempt to use the “no duty rule” to avoid paying injured spectators compensation, there are other factors that may be considered when determining liability. For example, if a person is struck by a baseball while they are walking by a venue hosting a baseball game, this person could hold the property owner liable. In this case, the pedestrian would not assume the risk associated with the game because they did not purchase a ticket or intend to watch the game.
It is also important to note that there are other circumstances where an injured party could hold a person liable for an injury caused by a baseball. For example, if a person was injured by an individual that was simply playing baseball and was not operating a venue, the injured party does not assume the risk of this injury.
To learn more about filing a lawsuit for a baseball injury, contact an experienced Philadelphia personal injury lawyer today.
Filing a Sports Injury Lawsuit
When filing a sports injury lawsuit, you must ensure that you understand which party should be held liable for your injuries. For example, if the owner of the baseball team and the owner of the venue are separate parties, you may have to determine the appropriate party to file a lawsuit against.
Additionally, if the party responsible for your injury is just a negligent party that was playing baseball, you may have to file a personal injury lawsuit instead of a premises liability lawsuit. Premises liability deals with a property owner’s duty to visitors on their property, while personal injury deals with accidents caused by negligence on behalf of a person or legal entity.
Contact Our Experienced Philadelphia Personal Injury Attorneys Today
If you or a family member was struck by a baseball and severely injured, contact an experienced personal injury attorney today. The injury attorneys at the Reiff Law Firm possess decades of combined legal experience, and we are not frightened by taking on large businesses like a baseball team. You should not have to bear the burden of a serious injury due to the negligence of another party. To schedule a free legal consultation, contact the Reiff Law Firm at (215) 246-9000, or contact us online.