Q: Hello? I am blind after being hit in the eye by a ball during a baseball game. Can I get compensation by suing the person who threw the ball or other responsible entity?
A: In order to claim legal compensation, the damage must have been caused by someone's intent or negligence. So, here, if the person who threw the ball mistakenly threw the ball and hit the runner, it seems like he/she should pay compensation. But it's not that simple.
This is called the assumption of risk. In other words, when we participate in a sports game, we recognize that it is dangerous and that we may get hurt, so we recognize an exception to liability for damages. So, in the example above, the person who was injured by being hit by the ball would generally not be able to claim damages.
However, there are exceptions to this underwriting of risk. This applies if the perpetrator caused damage through reckless or gross negligence. For example, if students are allowed to play baseball without helmets and someone gets hit in the head by a ball and gets injured, the school would be liable.
Another exception is when it is not a race-specific risk. For example, if you get injured in a fight during a baseball game, you can file a claim for damages against the perpetrator. Because this is not an inherent risk of athletics.
And these principles above also apply to watching sporting events. Attending sporting events carries inherent risks, and in most cases, when you purchase a ticket to a sporting event, you agree to assume these risks. So, if you are injured by a flying ball during a baseball game, it is generally not easy to claim compensation. However, even in this case, if you are hit by a ball because there is no fence in an area where foul balls frequently fly, you can claim damages by holding the baseball stadium at fault.
Additionally, in the case of baseball stadium accidents, many states have laws exempting baseball stadiums or team owners from liability.
This article is general information, not legal advice about your specific situation.