Lawsuit Filed for Girl Injured by Foul Ball

A lawsuit has been filed on behalf of a six year old girl who suffered serious brain injuries after being struck with a baseball at an Atlanta Braves game. Reportedly, the girl and her parents were seated behind the visitor’s dugout when a line drive foul ball was hit into their section. The young girl was unable to protect herself from the incoming projectile that was, as the lawsuit states, “hit at an incredible rate of speed.” The suit goes on to name the Atlanta Braves as a defendant, claiming that the team failed to provide proper protection to prevent these sorts of accidents. The Braves’ owner, Liberty Media Corp., and Major League Baseball Enterprises are named as defendants as well.

According to the Atlanta Journal-Constitution, a lawyer for the family said the aforementioned parties were aware of certain “high risk areas” of the ballpark where broken bats and foul balls are more likely to be directed. Despite this knowledge, the defendants failed to take the proper precautions in adequately protecting fans seated in these areas, according to the suit. While warnings about the inherently dangerous nature of a live baseball are written on the back of each ticket and occasionally flashed on the scoreboard during games, the family’s lawyer claims these warnings are insufficient, especially for young children.

“It's a very, very dangerous situation that can be easily remedied," the attorney for the family said. “They can make it a safer place for the fans, in particular the children, who go to games. ... The easy remedy is to put up more netting."

The lawyer also noted that a change in the fabric of the game may necessitate a change in the safety precautions. The way baseball is played today, the lawyer argued, is not the way it was played years ago, and fans may be put at an increased risk of injury as a result. "The players are much stronger and bigger and the balls are hit harder than they ever were before," he said. "This was 2010, not 1910. ... The balls now travel so fast there is no way a child can get out of the way."

The AJC reports that the lawsuit, which was filed in Fulton County State Court by the young girl’s father, seeks compensation for pain and suffering, punitive damages, and medical bills, which are expected to exceed six figures. Little information was disclosed to protect the young girl’s privacy, but it is known that she suffered a skull fracture from the incident. If you or a loved one suffered a similar brain injury, you may be entitled to compensation for your damages as well. The compassionate attorneys at Morgan and Morgan are well-versed in brain injury litigation and possess the tools necessary to arguing a successful case. To learn more about a potential Atlanta brain injury lawsuit, simply fill out our free, no-obligation case review form today and one of our experienced attorneys will conduct an evaluation of your claim at no cost.