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Lawsuit Filed for Girl Injured at Braves Game by Foul Ball

Turner Field 02:04, 20 May 2006 . . Elb2000 . ...

On August 30, 2010, a family went to enjoy an Atlanta Braves’ baseball game at Turner Field. What should have been a good night out at the ballpark turned tragic.

A little girl who was 6-years-old at the time was struck in the head by a foul ball during the game between the Atlanta Braves and the New York Mets. The little girl and her parents were sitting behind the visiting Mets’ dugout when the accident occurred.

On Monday, July 16, 2012, the little girl’s father filed a lawsuit in Fulton County State Court. The lawsuit alleges the Atlanta Braves did not provide proper protection to prevent the accident from taking place. The lawsuit is asking for compensation for the family’s medical expenses that are expected to be more than $100,000, punitive damages and unspecified damages for the little girl’s pain and suffering. The little girl experienced brain injuries as a result of being hit in the head by the foul ball.

Incredible rate of speed

The lawsuit says that the little girl was struck in the head by a foul ball “hit at an incredible rate of speed”. The lawsuit alleges that before the accident took place, the parties named in the lawsuit knew that they needed to protect spectators who were seated in high-risk areas of the ballpark, like the area in which the little girl and her parents were seated, from broken bats and foul balls.

The lawsuit also says that the Atlanta Braves knew of the “dangerous and hazardous conditions” at the ballpark because of prior incidents in which spectators in “high-risk areas” suffered injuries from broken bats and foul balls.

There are other defendants who have been named in the lawsuit besides the Atlanta Braves. Also named in the lawsuit were Major League Baseball Enterprises and the Atlanta Braves’ owner, Liberty Media Corp..

Names have not been revealed

The attorney for the family, Mike Moran, said that the name of the little girl and her father have not been revealed in order to protect the little girl’s privacy. He said, “The ball fractured the girl’s skull.”

A spokeswoman for the Atlanta Braves, Beth Marshall, did not make an immediate comment. She said that she was not aware of the lawsuit that had been filed.

Tickets for Atlanta Braves’ baseball games include this warning, “The holder assumes all risk and danger incidental to the game of baseball, whether prior to, during or subsequent to, the actual playing of the game, including specifically … the danger of being injured by thrown or batted balls, thrown or broken bats.” Warnings are also flashed on the scoreboard while games are being played.

However, the family’s attorney, Moran said that little children would not necessarily get the message. He went on to add that the baseball games of today are quite different from the baseball games many years ago. He said, “The players are much stronger and bigger and the balls are hit harder than they ever were before. This was 2010, not 1910. … The balls now travel so fast there is no way a child can get out of the way.”
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