What Happens If I Get Hit By A Baseball At A Game?

Spring is in the air and that means baseball is back in Florida again. Many people will get back in the stands, get a hotdog, some peanuts, and watch their favorite team hit balls out of the park. However, most people know that when batters hit baseballs travelling at 99 mph, those baseballs tend to go all over and that includes the stands where the crowd is seated.

Many times, people try to catch these balls and, indeed, it has become an unofficial part of the game. I have fond memories of my Dad taking me to baseball games and he encouraged me to bring my baseball glove to try and catch a foul ball. However, sometimes the ball hits a person and causes injury and, on rare occasions, even death.

So when these injuries happen, who is at fault? Who pays for the medical treatment? The baseball player who hit the ball? The team that owns the stands and invited the fans to watch the game? The fan for sitting in the stands knowing this is a game where players try to hit the ball out of the park?

Technically, the answer is a combination of all three. However, the legal concept of “Assumption of the risk” is what is most commonly associated with fans injured at sporting events. A fan of baseball intentionally sits in a stadium he knows could have some flying baseballs in it. Since he knows this, if he is injured by the flying baseball, he assumed the risk and is therefore responsible for the damages incurred from the baseball.

In other words, since he knew he could get hit by the ball, MLB, the team, or the player who hit the ball isn’t responsible for paying for his injuries.

If you have any questions about any of these topics, feel free to contact us at Chris@waggenerlaw.com, 727-685-8000, or check out our other articles at waggenerlaw.com.