Atlanta Braves Cite ‘Baseball Rule’ in Injury Suit Defense

June 11, 2014
Baseball In Air

  • June 11, 2014 at 1:00 pm
    SWFL Agent says:
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    This is terrible but the parents should have asked for “protective netting” before they took her to the game.

  • June 11, 2014 at 1:19 pm
    Libby says:
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    Agreed.

  • June 11, 2014 at 1:30 pm
    InsGuy says:
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    “A child that young can’t assume the risk,” said the boy’s lawyer, Robert Nardone.

    But the parents can/and do assume the risk on their behalf. Maybe the girl should sue her parents.

    As for seats available behind the plate w/netting…most families of 3 or 4 aren’t will to spend $200+/ticket. Who wants to spend $800 or $900 to take the fam to the game?

  • June 11, 2014 at 2:00 pm
    Jimbo says:
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    Very sad. I feel sorry for the child and her parents. They had other seating options in the stadium and could have sat in a safer location, higher up.

  • June 11, 2014 at 3:24 pm
    ralph says:
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    absolutely tragic. I have a 6 year-old daughter and took her to her first Phillies game this year…I cannot imagine what this would be like. Thoughts and prayers are with the girl and her loved ones.

  • June 11, 2014 at 3:47 pm
    BobbyMcgee says:
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    The father of this child and the lawyer representing the case deserve to be taken out back and beaten with a rubber hose. This is insanity, don’t want risk? STAY HOME.

  • June 11, 2014 at 10:59 pm
    George Stanz says:
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    I certainly feel for the child. Normally folks say “You have to pay attention to the game, but that ball was hit so hard that they had no chance to protect her. That said, the tickets (and common sense) clearly say that if you sit there you are taking that risk. The liability is all on the parents in this one. Don’t sit in those seats if you aren’t willing to take the risk. If they had been in the car wreck on the way to the game, would they have sued the Braves, saying “We had tickets so we HAD to drive to the game that day”?

    Also, Melky Cabrera is not a Braves outfielder. He plays for the team that was visiting that night.

    • June 17, 2014 at 4:40 pm
      Jerry Sein says:
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      Actually, Melky was a member of the braves in 2010.

  • June 12, 2014 at 9:08 am
    Don Quixote says:
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    Hopefully, the team will third-party the parents into the case on a theory of negligent supervision of a minor. Parents can’t absolve themselves of responsibility for placing their child in harm’s way and then profit from a big lawsuit when that harm comes to pass. I feel very bad for the little girl, but the father is a piece of &^*$*# for not admitting he’s the one who put her in that seat.

  • June 12, 2014 at 5:43 pm
    FurriePrincess says:
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    That is why San Francisco fans bring their gloves to the game. As they say… bring your glove, get a ball. I always prefer to sit in one of the upper levels, not at field level.

  • June 16, 2014 at 11:20 am
    KY jw says:
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    Interesting coincidence – I was at a minor league game this weekend with my family and saw a kid hit by a foul ball. At our games the announcer mentions repeatedly to watch for balls and bats going into the stands. I, too, am sad for this little girl (and the boy I saw hit) but it is a risk you take when you go to the game.

    I found the following quote from the article hilarious in light of my vacation spent at the ball park:
    “Some fans want field-level seats for the chance to catch a foul or tossed baseball.”

    I was in more danger from the fans climbing all over the seats and other fans to get a ball than I was from the balls coming into the seats. I sit in the front row by the on deck circle for the home team. Love those seats, but dang people really get excited for a $2 ball they can buy in the little store at the stadium.

  • June 16, 2014 at 12:17 pm
    Libby says:
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    I totally agree that the parents assumed this risk when they took their child to the game, but I would think the Braves (&/or the other team) would make some gesture on behalf of the girl. After all, she was hurt very badly. They could turn this into a goo P.R. event for them by reaching out.

    • June 16, 2014 at 1:41 pm
      caffiend says:
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      I agree. However, I suspect that a lawyer got involved before anything got started.

      • June 16, 2014 at 4:05 pm
        Libby says:
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        Yes, I’m sure. As a claim manager I know, reaching out and saying you’re sorry about the incident (without taking responsibility) goes a long, long way in most cases. Sometimes, that’s all people really want. Lawyers counsel against this and you have to wonder if it’s because of job security or is it really the best advice? I think it’s job security. Button up, don’t apologize, poke the claimant and make him mad so I’ll have a big, fat lawsuit to defend. It’s criminal.

    • June 16, 2014 at 4:19 pm
      Ben says:
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      I agree with you in that it would be a nice gesture, but when you start setting a precedent with compensating people, where is the line drawn? Say you give this girl $50,000 and next week a kid is killed by a broken bat, now you’ve let the lawyers know that you DO take responsibility for errant equipment. Sad that the world has come to this.

      • June 17, 2014 at 2:31 pm
        Libby says:
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        I know. Making a gesture shouldn’t mean taking responsibility. It is only being compassionate and human. Lawyers suck.



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