Most people know that when you are in the stands at a baseball game, it is best to keep your head on a swivel. Balls and bats can, and will, end up in the stands so it is important to always be paying attention to what is happening on the field.
As it says in the information guide for Daikin Park in Houston, “All fans, especially those sitting along the foul lines in the dugout and field box seats, are cautioned to stay alert for hard-hit foul balls or bats that might leave the field of play. Ticket holders assume all risks and danger incidental to the game of baseball, whether occurring prior to, during or subsequent to the actual playing of the game.”
Unfortunately, many people don’t heed those warnings, and, in some cases, people simply cannot avoid the flying bat or baseball, (or Buzzball, in one bizarre case).
One fan is suing the New York Yankees after being hit by a bat
Often, when a bat or ball hits a fan and causes an injury, they can do nothing about it because of the so-called “Baseball Rule,” which states that fans assume certain risks when they attend a game.
One fan, however, is attempting to defeat the rule with a lawsuit against the New York Yankees after a bat swung by Cleveland Guardians third baseman Jose Ramirez hit her in the head on June 2.
According to the New York Post, Stephanie Duluc, 37, chief of staff at the Bronx-based SOMOS Community Care, was seated in fourth-row seats directly behind home plate while using season tickets owned by her employer.
During the top of the fifth inning, Jose Ramirez’s bat was accidentally flung into the stands and, according to the lawsuit, “knocked her from her seat and violently threw her to the ground, causing her to sustain severe and permanent injuries.”
The lawsuit claims that the location where Duluc was sitting is “the one location where the law has long required a stadium operator to provide adequate protective screening.”
The fan’s lawyer claims her injuries have left her unable to work
According to her lawyer, Jon L. Norinsberg, being hit in the head by the bat caused her “significant residual deficits from her traumatic brain injury, including persistent headaches, sensitivity to light, balance issues, and other cognitive impairments.”
He added that these injuries have left her “unable to return to her professional duties.”
However, the New York Post reports that less than two weeks before the complaint was filed, in late July, Duluc appeared on PIX11’s Monica Makes It Happen. She appeared on camera under studio lighting during the brief aired segment to talk about a recent event at Fordham University that was sponsored by her company.
When asked if the TV appearance refuted her damage claims, Norinsberg, who also represented former JP Morgan banker Chirayu Rana, responded, “Not at all,” adding, “A brief television appearance does not mean she has recovered or is capable of performing her professional duties on a sustained basis.”