Houston Astros Fan Sues Team For Injury Caused By T-Shirt Gun

During the summer of 2018 a woman was attending a Houston Astros baseball game. Between one of the innings, the Astros’ mascot was launching free t-shirts into the crowd. One of those t-shirts struck this women in the hand, and apparently caused a serious injury. Since that time the woman alleges she has had multiple surgeries, missed time from work and has suffered serious pain and suffering. As a result, a lawsuit has been filed on behalf of the woman against the Houston Astros alleging negligence by the team and their mascot.

There have been similar lawsuits filed against in Major League Baseball in the past. I wrote about the case in Kansas City where a fan was hit in the face by a hot dog launched by a similar style gun. That man suffered a detached retina in one of his eyes, and unfortunately he lost his case before a jury. Major League franchises, including teams in the baseball, have in the past been protected with immunity for injuries that come as a result of foul balls and broken bats. All teams put a disclaimer on their tickets stating fans are assuming the risk of these potential accidents and injuries while attending games. This is often called the “baseball rule.” That legal theory, in place for about a century, presumes an inherent risk among those attending a baseball game, and assigns fans responsibility for paying attention and being prepared for the occasional ball or bat coming their way. But should that apply to antics put on by the team in between innings like launching t-shirts into the crowd?

I have not seen the complaint filed in the Astros case, but I am curious if they have filed a product liability claim against the manufacturer of the t-shirt launcher. They could allege that the gun is inherently dangerous and/or defective due to the speed in which the t-shirts are launched. Also, I would imagine that the attorneys for the Astros will file multiple affirmative defenses including comparative negligence. These types of defenses attempt to shift the blame on the Plaintiff, and will depend on the facts of the accident that will come out during depositions. Specifically, that type of defense would hinge on how active this women was in attempting to catch the t-shirt. Did she stick her arms out and partake in attempting to catch the t-shirt? Or, was the just an innocent bystander? Also, the Astros defense team will more likely than not file a motion to dismiss based on the assumption of risk disclaimer discussed above.

I think this woman faces an uphill challenge of getting her case actually before a jury (due to expected motions to dismiss), and ultimately winning at trial. I wish her and her team luck as she appears to have suffered real permanent damage to her hand, and I believe the courts have gone way too far out of their way to protect teams when injuries like this occur. Especially, when the injuries are caused by acts by the mascots rather than foul balls or broken bats.

If you or a loved one has been seriously injured in a Chicago personal injury or Chicago truck accident, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

KC Royals Latest Team To Extend Protective Netting Behind Home Plate

Reigning World Series Champion Kansas City Royals are the latest franchise to announce that they will extend protective netting all the way up the first and third base lines. They are following a recommendation made by Major League Baseball’s commissioner’s office that all 30 teams extend protective netting beyond the typical area directly behind home plate.

The Royal’s netting will extend to the end of each dugout, which will reach first and third base (approximately 90 feet). The Royals along with Phillies, Rays and Cubs have also said they would follow the recommendation. These teams, along with Major League Baseball, are doing the right thing by extending the netting. There have been numerous injuries at various venues, including at Boston’s Fenway Park last summer when a woman was rushed to the emergency room after taking a baseball to the head.

Baseball franchises have protected themselves from civil liability for years by adding a waiver of liability on the back of each of their tickets, stating that by paying for admission into a game they are agreeing to waive any liability to the major league franchises for any injuries that come from flying baseballs, bats etc… Many states, including Illinois, have imposed statutes protecting major league sports teams from civil liability for injuries that could arise from balls flying into the stands and injuring someone. These waivers and statutes have made it virtually impossible for fans to seek compensation for injuries they may have received for these types of accidents. I believe teams have been reluctant to extend netting in the past because they did not want to open the door to future litigation by admitting that the lack of netting created a dangerous atmosphere for fans. Regardless, this is the right move and I believe prevent serious personal injuries to fans that are sitting defenseless to lightening fast line drives and broken bats.

I would like to see all 30 baseball franchises extend their protective netting.

If you or someone you love has been injured in a Chicago personal injury case or Chicago car crash, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.