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Defective Medical Products

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Can I Sue if I am Injured at a Sporting Event?


We are in Major League Baseball season, and if you were planning on catching a game sometime this summer—you should probably watch out for foul balls. According to a Bloomberg study, an average of 1,750 fans are injured by foul balls and broken bats at Major and Minor league ballparks each year. Unfortunately, flying sports equipment isn’t the only thing that can injure spectators at baseball games. If you’re one of the unlucky few to get hurt at a sporting event, you can potentially file a personal injury lawsuit to recover for your injuries. There are a few points to keep in mind.

Legal Rights of Those Injured

A sporting event personal injury lawsuit will most likely be based on a theory of negligence. Owners and operators of sporting venues owe spectators a duty to act reasonably and protect against foreseeable harms. If this duty is breached and a spectator is injured as a result, that spectator has a decent claim for negligence against the venue. However, sporting venues are likely to have a few defenses against this claim:

Assumption of Risk

“Assumption of risk” acts as a complete defense to negligence in California. If the sporting venue can prove that the injured spectator knew of and appreciated the risk of injury and voluntarily encountered it anyways, the possibility of recovery will be eliminated. For example, if you attend a baseball game and sit in a seat that isn’t protected by a net—you may have assumed the risk of being hit by a foul ball. However, you probably did not assume the risk of being hit with a flying hot dog, as that occurs far less frequently.

Waiver of Liability

Spectators effectively sign a “waiver of liability” by purchasing a ticket. If you have purchased a ticket to a sporting event recently, this waiver is probably printed on the back of it. These waivers, however, may be difficult to enforce depending on the circumstances, and they do not release venues from all types of liability. If your ticket contains one of these clauses, you may still be able to recover if you were injured.

Comparative Fault

If a spectator is partially at fault for their own injury, engaging in risky behavior like excessive alcohol consumption, the venue is likely to use “comparative fault” as a defense. The good news is that in California, the plaintiff’s recovery will only be reduced by the percentage they are at fault. For instance, if you were 60% responsible for your own injuries, you can recover the remaining 40% from the venue if they were also negligent.

If you want to file a claim, it is a good idea to talk to a lawyer about your options since personal injury lawsuits and the defenses are complicated. At Kershaw, Cook & Talley, we have decades of experience representing clients in negligence actions, nationwide. If you were seriously injured at a sporting event, due to venue negligence, call us for a free case evaluation at 888-997-5170 or fill out the confidential contact form on our website.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.


“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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