Tigers' Injury Award Overturned

Jury Award Against Tigers for Fan Injury Overturned

Appellate Court notes adequate protections, assumption of risk

Lansing, Michigan, July 13, 2001 -- It is the worry of every parent at a baseball game. Their child hit by a speeding foul ball or a broken bat during a game.

The Michigan Court of Appeals ruled that the Detroit Tigers are not liable for injuries a 6-year-old suffered when a broken bat flew into the stands at a baseball game. This ruling overturns a lower court jury determination that ordered the team to pay Alyssia Benejam over $1 million for the 1994 accident.

According to an Associated Press report, she was sitting in a field box seat on the third base side of Tiger Stadium when a shard from a broken bat impaled her hand.

Adopting classic defenses for negligence, the panel concluded that the team did not have to protect the area because patrons assumed the risk of such injury by sitting there. It added that the Tigers have no duty to warn people of the risk of objects leaving the field because the risk is ``well-known.''

While there have been a few rulings that may impose liability to sports teams for injuries suffered by patrons, the assumption of risk defense has been a strong one. [click here for definition]. Often, it is printed on the back of a ticket, but even if not, it is often very difficult to overcome.