Play ball! The weather is finally warming and baseball season is back. With all the excitement that baseball games bring, there are certain legal issues that you should be aware of, such as the “assumption of risk.” This applies to the players as well as the fans. For example, a woman was recently injured while observing a baseball game at Fenway Park in Boston, MA. She was enjoying the game when suddenly a foul ball powerfully struck her in between her eyebrows. She saw the ball heading in her direction but it was traveling too fast for her to react. The significant blow to her forehead caused her to bleed profusely. Nearby fans provided her with aid and two individuals gave the woman t-shirts to wrap around her head to try and stop the bleeding. Five weeks earlier, another fan was seriously injured when he was struck by pieces of a shattered baseball bat.
In all, injuries to spectators do occur. What you should know is that sometimes you will be held to have assumed the risk of sustaining the injury. When this happens, you may be barred from any recovery. For this reason, to best protect your rights to compensation, it is imperative that you hire an attorney. The Miami personal injury lawyers at Gerson & Schwartz, PA are here to help. Our lawyers have provided high quality legal representation to injured people in Florida for over 40 years. We are dedicated to protecting our clients’ rights and helping them get back on their feet. For a FREE consultation, call (305) 371-6000 or contact us online.
Assumption of Risk
Assumption of risk is available as a defense in most negligence and personal injury lawsuits. It applies when an injured person (“Plaintiff”) knowingly and voluntarily assumes a risk of harm connect to Defendant’s acts. For example, a baseball spectator may assume the risk of being hit by a foul ball. A golf spectator may be held to have assumed the risk of being struck by a golf ball. If it is held that Plaintiff assumed such a risk, he or she will be barred from damages. This is true even if Defendant was reckless or negligent.
Nevertheless, Defendant must be able to show that Plaintiff did in fact assume the risk. To do so, Defendant must prove that Plaintiff had actual knowledge of the risk involved. He or she must then show that Plaintiff voluntarily accepted the risk. This acceptance can be express or implied. What’s more, Defendant may be required to show that the injury was obvious or that nature of the conduct was inherently dangerous.
There are certain types of conduct that Plaintiff may not be held to have assumed the risk. One of these being criminal acts of third parties against the Plaintiff. For instance, if Plaintiff is bowling and a criminal rushes into the facility and shoots Plaintiff, injuring him. Additionally, Plaintiff will not be held to have assumed the risk if there was no reasonably safe alternative to his actions, such as when crossing an old fragile bridge when there is no other way to cross a canyon. Third, Plaintiff may not be held to have assumed the risk if the behaviors that caused the injury was unforeseeable. For example, a person does not assume the risk of getting shot by a criminal while fishing.
Take Action and Hire an Attorney for Your Case
If you or your loved one have been hurt due to another’s conduct, it is vital that you hire an attorney for your case. The Miami personal injury attorneys at Gerson & Schwartz, PA are here to help. We are experienced Miami personal injury attorneys, resourceful advocates and aggressive litigators for clients seeking to recover damages for the full extent of their losses from negligent individuals, business operators, and corporations. Contact our attorneys for a FREE consultation. Se Habla Espanol.