Atlanta Braves Cite ‘Baseball Rule’ in Injury Suit Defense
The Atlanta Braves baseball team has asked an appeals court to uphold a special rule and find the team not liable for the serious injuries suffered by a 6-year-old girl who was struck by a ball.
Lawyers for the team want the Georgia Court of Appeals to apply what’s known as the “baseball rule.” Already in force in other states, the rule holds that if a stadium provides protective screening behind home plate, it cannot be held liable for balls and bats into the stands.
The lawsuit was brought by a father who took his 6-year-old daughter to a game at Turner Field. Braves outfielder Melky Cabrera hit a ball behind the third-base dugout that struck the girl in the forehead and caused a traumatic brain injury.
The girl’s parents say netting should have been in place. “The ‘Baseball Rule’ is literally and figuratively an archaic rule,” the family’s lawyer, Mike Moran, told The Atlanta Journal-Constitution. “The game has changed. The players are bigger and stronger. The rule is just not sufficient to protect the fans.”
The Braves declined to comment because of the ongoing lawsuit.
Like other teams, the Braves have not extended the safety netting from behind home plate. The team’s lawyers say many fans do not like sitting behind netting that obstructs their view. They also say spectators know they are assuming some risk. Some fans want field-level seats for the chance to catch a foul or tossed baseball.
The back of baseball tickets also warns fans that they assume the risk of being injured by balls and thrown or broken bats. But those warnings may not apply to children. In 1984, the state Court of Appeals declined to dismiss a lawsuit filed on behalf of an 8-year-old boy whose teeth were knocked out when he was struck by a foul ball at Atlanta-Fulton County Stadium. The case settled before going to trial.
“A child that young can’t assume the risk,” said the boy’s lawyer, Robert Nardone.
The Braves are now appealing a ruling by a Fulton County judge who declined to dismiss the lawsuit brought on behalf of the 6-year-old girl.