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When Do Personal Injury Claims Stick?

Steve Wagner

Did you know that you visit a stadium to watch a baseball game at your own risk?

Recently, the Indiana Court of Appeals dismissed a suit filed by a woman claiming damages for injuries sustained when watching a baseball game.

The woman in question suffered the injury in 2009 when she was watching a baseball game, and an overthrown ball hit her face. The impact fractured several of her facial bones and caused blindness in her left eye. She sued over the incident, alleging that the team failed to provide adequate protection to it’s audience, specifically not providing protective screening against such incidents.

The court, however, contended that dangers from foul throws are a part of the game. The woman in question, being a regular visitor to the games, was aware that foul balls flew up to the stands regularly. The court ruled that baseball fans have to protect themselves and they attend games at their own risk.

Will this verdict stand for all similar instances? The ruling makes it clear that a person cannot expect to recover damages when they willingly visit a place where they know they have a chance of suffering an injury. Also, injuries that occur from an expected, plausible and predictable sequence of events may not be entitled to compensation. The case for damages sticks only when the injury is unexpected and accidental. In the above case, if the women had suffered damages due to a player throwing a bat at her, something a baseball fan does not expect every time they visit a stadium, or the injury was the result of a riot in the crowd, again something out of the ordinary, the lawsuit would have probably held.

Establishing a strong case for damages is the biggest challenge in personal injury lawsuits. Wagner Reese is a personal injury law firm in Indianapolis, with a strong team of skilled, experienced and talented personal injury lawyers. We have fought many successful personal injury lawsuits and have a fantastic track record of delivering compensation to our clients. Contact us at (888) 204-8440 for a free case evaluation. We do not collect any payment until after a settlement is reached.


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