Serious injury and potential legal headaches prevented by fast-thinking father.
Earlier this month, Shaun Cunningham was hailed as a hero after he deflected a flying baseball bat that was about to hit his 8-year-old son Landon in the head.
The father-son pair were attending a spring training game between the Pittsburg Pirates and the Atlanta Braves as an early birthday present for Landon. As the boy glanced down at his cell phone to send his mom a text, a batter for the Pirates lost his grip on a bat and sent it flying up into the stands.
Fortunately, his dad saw the bat hurtling towards them and quickly stuck out his arm to protect his son. The bat struck Shaun in the forearm, but he reported that he had no idea how close the bat had come to hitting his son until he saw the photos of the near-miss the next day. These photos capture the moment the bat reached their seats, with most fans cringing away or shielding themselves and only Cunningham courageously leaning forward to protect his son.
Of course everyone is grateful that no one was hurt in this incident. This is especially fortunate because while a flying bat to the head would no doubt have caused young Landon serious harm and perhaps even changed his life, the family would have had virtually no ability to seek compensation for his injuries.
Why?
Because “the baseball rule” shields stadium owners for liability for many kinds of accidental injuries.
“The baseball rule” recognizes that watching a baseball game in a stadium comes with the “open and obvious” risk of being injured by a foul ball or flying bat. So long as the stadium has reasonable protection in the areas most likely to be affected (such as netting right behind home plate), they are not obliged to protect other areas of the stadium and they are not liable if a freak accident occurs.
However, some experts believe the days of “the baseball rule” may be numbered. Already, courts in Idaho and Georgia have allowed injury claims to be filed against stadium owners and decided on more traditional principles of general negligence. A lawsuit on stadium safety is currently pending in California.
What to Do If You Are Injured at a Stadium
If you have been injured at a sports stadium, do not just assume your case is hopeless. Instead, consult an experienced premises liability attorney such as Fernando D. Vargas for expert help understanding your rights and options. If you would like to talk to Attorney Vargas now, please call 909-982-0707 and request a free case evaluation.
