We are in the middle of the Major League Baseball season, and a Diamondbacks game is the perfect way to escape the heat. But what happens if a foul ball flying at 120 mph hits you? Many personal injury lawsuits by fans are unsuccessful. These suits are usually unsuccessful because courts have consistently ruled that spectators enjoy sporting events at their own risk.
In Bellezo v. State, the Arizona Court of Appeals held that: (1) the danger of being struck by foul balls was open and obvious to a spectator, and; (2) the owners of the stadium complied with their duty to protect spectators from unreasonable risk of being injured by foul ball.
So if the owner of the premises takes reasonable precautions to protect fans and a fan is injured from an “open and obvious” danger, the fan will most likely not be able to recover for his or her injuries.
However, there are always exceptions: an experienced attorney may be able to establish that the owner of the premises did not take the appropriate steps to protect fans, or that the specific type of injury may not have been “open and obvious.” For example, if a fan is injured tripping in the stadium or from sitting on a defective bleacher, these risks may not be considered “open and obvious” at a baseball game.
Law Offices of Michael Cordova is a personal injury law firm in Phoenix, Arizona with a team of skilled, experienced and talented personal injury attorneys. We have an excellent track record of delivering the compensation our clients deserve. Contact us at 602-265-6700 for a free case evaluation.