Can You Sue if You Get Hit by a Baseball in New York?
One of the most exciting parts of watching a baseball game is watching a player hit a home run deep into the stands. However, there is a possibility that a baseball could be struck with enough force to seriously injure a fan in the stands. When this happens, it is necessary to determine whether the fan can hold the venue liable for their injuries. If you or a family member was struck and injured by a baseball at a game, contact an experienced NYC sports injury attorney. At Sullivan & Galleshaw, LLP, our personal injury lawyers are ready to provide you with the legal representation that you deserve. Sullivan & Galleshaw, LLP explains whether you can sue if you get hit by a baseball in New York.
Determining Liability for an Injury at a Baseball Game
Going to a baseball game is an eventful experience for fans and others just looking to enjoy their day. However, there are times when a player may hit a baseball into the stands with enough force to injure a spectator. If the injured spectator requires a large amount of medical attention, there may be a question about whether the spectator can hold the owner of the team liable for their injuries.
When purchasing a ticket to a baseball game, or practically any sporting event, there is typically a disclaimer on the back of the ticket. This disclaimer typically states the risks that spectators assume by sitting in areas of the arena where objects could enter the stands and injure people.
Whether the ticketholder read the disclaimer or not, they will enter into a contract with the arena. This means if you are considering sitting in an area of the stadium where objects often enter the stands, you may want to reconsider your choice if you are worried about being injured.
Despite the disclaimer present on an entry ticket, an injured spectator may have some legal options after being struck by a baseball. The baseball rule can help determine whether the team owner or venue should be held liable for injuries that occur to a spectator.
The baseball rule states that an owner must exercise great caution when it comes to protecting visitors in high-risk areas in their stadium. For example, if an owner has evidence that a certain area of the stadium is high-risk for foul balls traveling at high speeds, they must take steps to keep fans in that area safe. Preventative measures are important as high-speed baseballs have the potential to wound spectators, causing traumatic brain injuries and other types of injuries.
The baseball rule also addresses injuries to spectators that are seated in areas of the park where accidents are less likely to occur. If a spectator is in a low-risk area, they typically must assume the inherent risk of being injured by baseballs or other equipment that may unintentionally enter the stands.
It is important to note that while the baseball rule is used as a factor when determining liability for an injury to a spectator, it is not a guarantee that a court will rule against a stadium owner. There are other factors that may be considered when filing a personal injury lawsuit against a baseball team.
To learn more about filing a personal injury claim in New York after your sports injury, contact an experienced NYC personal injury lawyer.
When to File a Personal Injury Lawsuit in NY
If you wish to file a personal injury lawsuit after being severely injured at a baseball game, you should be aware of the statute of limitations. The statute of limitations determines the amount of time that a plaintiff has to file their claim against a defendant. In New York, the statute of limitations for personal injury cases is three years from the date of the injury.
If a plaintiff does not file their case before the deadline passes, the court will bar the plaintiff from filing their claim. While three years is a lengthy amount of time to build and file a lawsuit, you should not delay in pursuing compensation for your injury. If you delay, you risk the possibility of losing important evidence or losing contact with witnesses that could have supported your claim.
Sullivan & Galleshaw, LLP is ready to help you file your injury claim. We are not intimidated by the possibility of pursuing legal action against the owners of a baseball team or other large corporations.
Contact an Experienced New York Sports Injury Attorney Today
If you or a family member was injured at a baseball game, contact an experienced New York personal injury attorney. At Sullivan & Galleshaw, LLP, our legal team possesses decades of combined legal experience, and we are dedicated to fighting for our clients. To schedule a free legal consultation to discuss your claim, contact Sullivan & Galleshaw, LLP at (718) 593-4056, or contact us online.
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