Joliet Slammers Sued After Child Struck in the Head with a Baseball
A child suffered a brain injury after being struck by a line drive during a Joliet Slammers game, raising questions about spectator safety and protective netting.
It used to be that baseball teams were generally protected from many lawsuits involving spectators struck by foul balls because fans were considered to have assumed the risk of being hit by a baseball simply by attending a game. Over time, however, ballparks have taken additional measures to protect spectators from fast-moving balls and bats, and those safety measures can become important when an injury occurs.
The Joliet Slammers are facing another personal injury lawsuit involving a spectator who was seriously injured by a baseball. The latest lawsuit was filed on behalf of a child who was struck in the head by a baseball during a May 24 game at Duly Health and Care Field.
Quick Answer:
Spectator injuries at baseball games can raise complicated legal questions about assumption of risk, premises liability, and whether the ballpark took reasonable precautions to protect fans. When a lawsuit alleges that a dangerous condition could have been addressed through additional safety measures, the facts surrounding the injury and the stadium’s protective measures may become critical.
What Happened to the Child at the Joliet Slammers Game?
The child was attending the Slammers game as part of a school field trip on May 24, 2023. According to the lawsuit, a batter hit a line drive that struck the child in the forehead while he was seated along the first base line.
The child suffered a brain injury and, after an initial delay, was transported by ambulance to Silver Cross Hospital. He was later transferred to Lurie Children’s Hospital in Chicago, where he underwent brain surgery. According to his attorney, the child is recovering from his injuries.
The Child Attended a School Field Trip
The child was attending a Joliet Slammers game as part of a school field trip when the accident occurred.
A Line Drive Struck Him in the Head
According to the lawsuit, a batter hit a line drive that traveled into the stands and struck the child in the forehead while he was sitting along the first base line.
He Required Emergency Medical Care
The child was transported to Silver Cross Hospital and later taken to Lurie Children’s Hospital in Chicago for brain surgery.
A Personal Injury Lawsuit Followed
The child’s family filed a lawsuit alleging that the ballpark failed to take reasonable steps to protect spectators from dangerous line drives.
“An Avoidable Tragedy”
An attorney for the plaintiff characterized the incident as an “avoidable tragedy.” The attorney argued that owners and operators of ballparks should be acutely aware of the dangers created by baseballs and bats entering spectator areas.
The lawsuit also points to a previous incident at Duly Health and Care Field. According to the plaintiff’s attorney, approximately eight months before the child’s injury, another spectator was seriously injured when a bat flew into the stands.
The attorneys representing the plaintiffs alleged that the stadium did not make changes to its netting after that earlier incident and requested information regarding whether any safety changes had been made.
Why the Prior Incident Matters:
When a business is accused of failing to address a dangerous condition, evidence concerning prior similar incidents may become relevant to questions about notice, foreseeability, and whether additional safety precautions were reasonably available.
Why the Protective Netting Became a Central Issue
According to the lawsuit, the child was seated near the first base line when the line drive struck him. The plaintiff alleges that the protective netting at the ballpark was tapered and stopped around the dugout along the right-field line, leaving portions of the first base line exposed to foul balls and line drives.
The lawsuit contends that the Slammers had already experienced a serious spectator injury involving a ball or bat and nevertheless failed to extend the netting farther down the line. The plaintiff alleges that extending the protective netting would likely have prevented the injury.
A Prior Spectator Was Injured
The lawsuit points to an earlier incident in which another spectator was seriously injured after a bat entered the stands.
The Netting Was Allegedly Limited
According to the lawsuit, the protective netting did not extend far enough to protect spectators seated along portions of the first base line.
The Lawsuit Alleges More Netting Could Have Prevented the Injury
The plaintiff alleges that extending the protective netting would have prevented the line drive from reaching the child and causing his injuries.
Can Baseball Fans Sue When They Are Hit by a Foul Ball?
Spectator injury cases involving baseballs can be legally complicated because attending a baseball game involves certain risks that are inherent in the sport. A defendant may argue that a fan voluntarily assumed those risks by attending the game.
But assumption of risk does not necessarily resolve every injury claim. The specific circumstances matter, including where the spectator was sitting, whether the danger was reasonably foreseeable, what safety precautions the stadium had in place, whether the defendant had notice of a particular hazard, and whether the alleged injury resulted from a risk that the spectator reasonably should have anticipated.
Inherent Risks of the Game
A baseball game naturally involves baseballs and bats moving at high speeds and entering areas near spectators.
Safety Measures
The availability and placement of protective netting and other safety measures may become important evidence in a spectator injury claim.
The Individual Facts Matter
Whether a team may be liable depends on the particular facts, the applicable law, and the evidence concerning the condition of the ballpark.
Why a Prior Injury Could Matter in a Premises Liability Case
The lawsuit alleges that the Joliet Slammers had already experienced a serious spectator injury at Duly Health and Care Field before the child was struck by the line drive.
When a property owner or operator is accused of failing to address a dangerous condition, evidence of prior similar incidents can become important. Such evidence may help establish what the defendant knew, whether a particular risk was foreseeable, and whether additional precautions were available.
In this case, the plaintiff’s attorneys requested information concerning any changes made to the protective netting following the earlier incident. According to the report, they had not received a response at the time of the lawsuit.
Evidence That May Matter:
Photos of the seating area, the location of protective netting, surveillance video, witness statements, stadium policies, maintenance records, prior incident reports, and communications concerning previous spectator injuries may all become relevant when investigating a claim.
Serious Spectator Injuries Can Have Long-Term Consequences
A baseball traveling at high speed can cause catastrophic injuries when it strikes a spectator in the head or face. A traumatic brain injury can require emergency treatment, surgery, hospitalization, rehabilitation, and long-term medical care.
Depending on the circumstances, an injured spectator may pursue compensation for medical expenses, future treatment, lost income, reduced earning capacity, pain and suffering, disability, and other losses recognized under applicable law.
When the injured person is a child, the consequences can be especially significant because the injury may affect future education, employment, daily activities, and quality of life. An attorney can evaluate the medical evidence and investigate the full extent of the child’s injuries and future needs.
What Should You Do After a Spectator Injury?
Get Medical Attention
Seek immediate medical attention and keep records of all treatment, diagnoses, procedures, and follow-up care.
Document the Accident
Preserve photographs, ticket information, seating information, witness contacts, and other documentation showing where and how the injury occurred.
Investigate the Ballpark’s Safety Measures
Determine what netting, warnings, barriers, policies, and other safety measures were in place at the time of the injury.
Talk to a Danville, IL Personal Injury Lawyer Today
The Danville personal injury lawyers at Patel Law, PC represent the interests of people injured due to negligence. If you or a family member has suffered an injury at a sporting event or other premises, call our office today to schedule a consultation so we can begin investigating your injuries and the circumstances surrounding them right away.
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Source
Patch: Joliet Slammers Sued Again After Child Suffers Brain Injury
