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Atlanta Braves Appeal Lawsuit from Foul Ball Injury


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11/14/2014
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Georgia law requires that homeowners and retailers exercise reasonable care to maintain safe properties for any "invitee" who is approaching, exiting or present on the property.

If you have suffered a serious injury on someone else's property, a premises liability attorney at the Law Offices of Shane Smith can review your accident and injuries to determine if you have a reasonable case against the property owner involved.

A foul ball that struck a 6-year-old fan at Atlanta's Turner Field led to a lawsuit claiming that the Atlanta Braves should be held liable for not protecting fans with netting. The Braves have asked the Georgia Court of Appeals to apply the "Baseball Rule," something in force in other states. The rule says if a stadium operator provides screening behind home plate (the most dangerous location for fans), it cannot be held liable for balls and bats that enter the stands and cause injuries. 

At a 2010 Braves game a 6-year-old sitting behind the third base dugout was hit in the forehead by a foul ball. The line drive fractured the girl's skull in 30 places and caused traumatic brain injury (TBI). The fan's parents claim the Braves should have extended protective netting beyond the dugouts and cite previous injuries in seats behind the dugouts.

The back of all major league baseball tickets includes a warning that fans assume "all risk and danger incidental to the sport of baseball," including the danger of being injured by thrown or batted balls and thrown or broken bats. Teams also use scoreboard warnings before and during games that instruct fans to stay alert.

Accident victims should call a Clayton County premises liability attorney at the Law Offices of Shane Smith to schedule a free legal consultation.



Category: Premises Liability


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