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Are The Albuquerque Isotopes Liable For Injuries To Fans?

July 16, 2017

A Santa Fe County woman recently filed a lawsuit against the Albuquerque Isotopes baseball club, seeking compensation for injuries she suffered when struck by a ball while attending one of their games. It would seem she faces an uphill legal battle. Fans who have been hurt – even severely – at sporting events have had a tough time getting restitution from professional teams, stadium owners, and other parties who might be held liable. According to Ballpark Digest, this is largely because state and federal courts recognize that “the potential dangers of attending a baseball game are well known” and that adequate warning is provided on signs throughout most parks.

Still, it is far from impossible to find success in such lawsuits. Injured fans have, cumulatively, been awarded millions of dollars for injuries suffered at sporting events. Yet it remains unclear how the present case will play out.

Did the Isotopes fail to warn fans about the dangers inherent in baseball games?

At the Isotopes’ game, the woman in question was “hit by a baseball while eating popcorn,” resulting in “painful injuries to her hand.” The Santa Fe New Mexican reports that her lawsuit alleges that the club failed “to erect protective screening to prevent baseballs from entering the seating area” and “failing to warn attendees of…the danger of sitting along the third base line.”

If the courts find that the club indeed neglected its duty to keep the premises reasonably safe, then the suit may indeed be successful. The odds are somewhat long, however. An article in the New York Times details the extent to which ball clubs have, traditionally, been shielded from liability. Cases where fans have suffered grievous injuries – concussions, shattered skulls, permanent blindness – have typically ended in favor of teams, leagues, and stadium owners, while the victims get no help for medical bills.

Indeed, as many news items have said, Major League Baseball has pushed back against simple-seeming measures – such as expanding and enhancing the netting around stadiums – that would make it safer to attend games.

What about injuries outside the ballpark?

The question of liability at sporting events is a unique one. But it’s important to keep in mind that, generally speaking, property owners are obligated by law to keep their premises safe. If a guest, visitor, or other user suffers an injury, it is often the case that the property’s owner or manager can be held legally responsible.

As with all areas of the law, it is impossible to predict what will happen in every given scenario. This is why if an individual in New Mexico is injured, whether at a ball game, in the stadium parking lot, or elsewhere, it is important to consult with an attorney to learn what legal remedies might be available.

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