One of the most common injuries that occurs to fans at sporting events is getting hit by a baseball. Getting hit by a foul ball not only can really hurt, but it can also cause a serious injury. For example, if the baseball struck you squarely on the nose, it could actually break it. This thought leads to a serious question. If a ball comes into the stands at a sporting event and breaks your nose, who is responsible?
Law Is on the Side of the Sports Teams
The bad news for spectators is that these days the responsibility for injuries that occur to fans from balls entering the stands lies with the spectator who was hurt. This is because baseball teams in the past were sued so many times by injures spectators that they learned how to protect themselves from lawsuits.
Up until the 1950s, judges would routinely side with the injured spectator in cases like this. In fact, some smaller teams were actually bankrupted from having to pay out huge settlements to patrons who were injured at their venues. However, other teams quickly learned from these mistakes, and all of them take steps now to legally absolve themselves from responsibility for fans getting injured by balls.
How the Teams Cover Themselves
The first way that baseball teams cover themselves is by using safety features to help protect fans from getting hurt by balls in the first place. If you have ever wondered why there is a screen behind home plate, it is in place to protect fans from balls flying into the stands at them. These screens did not always exist. They were put into place to protect fans from balls and teams from lawsuits.
By far, the biggest way that sports teams know protect themselves from legal action is by printing a disclaimer on the tickets they sell. This disclaimer states that fans have a risk of being injured when they attend the sporting event, and the team is not responsible for any injuries that occur.
Once teams started printing these warnings on their tickets, their liability for fans being hit by balls basically disappeared. Therefore, anyone who attends a sporting event needs to keep a weather eye out for balls flying into the stands. If they happen to get hit by one, they will have almost no chance of getting any compensation from the team or venue.
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When having a common surgery such as an appendectomy, most patients assume they will heal up quickly and be back on their feet within just a few days or weeks. When there is a serious mishap with the procedure, however, the situation can become expensive, stressful, and potentially life-threatening. This includes issues such as a surgeon or one of their assistants leaving behind items such as a rag that could lead to serious medical complications.
The Basics of Medical Malpractice Lawsuits
Medical malpractice lawsuits are often seen as some of the most complicated legal situations for a number of reasons. This includes just how complex procedures can be, the fact that patients are often already injured, and how difficult it is to prove that a doctor or their staff was negligent. In order for a medical malpractice suit to be successful, the patient must be able to prove four specific things.
The first thing that the doctor must prove is that the doctor-patient relationships did in fact exist. This means that the doctor that was actually negligent is the one being sued, not another physician, nurse, lab tech, or any other individual. It must also be shown that the doctor was in fact negligent as well as reasonably skilled and careful. The patient and their representative must then prove that the negligence directly led to injury or damage. An example of this would be showing that a patient was harmed due to an unnecessary incision, not a cut from a previous surgery. Finally, it must be shown that this specific injury led to certain damage.
Medical Malpractice Damages
If the first three stipulations have been proven, our attorneys will then work closely by your side in order to relate the damages that these injuries have caused. In the situation of a surgeon leaving behind items such as a rag during an appendectomy, the patient may experience a wide variety of health and financial issues as a result. This begins with the overwhelming costs of a second surgery to remove the items. Any items that have been left inside could have also caused further injuries or even an infection that requires ongoing treatment. There will also be issues with chronic pain or even lost wages for patients that are in need of multiple surgeries. Whatever the case may be, patients that have experienced situations like this should contact our attorneys immediately to explore their legal rights.
Contact us now to schedule a free initial consultation with an attorney at Kamerow Law Firm. Call us at 703-370-8088.
A mistake made by someone in the medical profession, who is charged with the care of a patient, can have tragic results. Unfortunately, these kinds of mistakes are happening with increasing frequency. What can a patient do when he or she is certain that something went seriously wrong in their medical care?
What Is Medical Negligence?
Medical negligence occurs when someone who is in the medical field fails to do something which is considered to be an established part of their medical practice, causing direct harm to a patient, or sadly, even killing them. In medical negligence, there is usually no deliberate intent involved.
If you or someone you know have been a victim of medical negligence, whether it happened by a physician, a surgeon, a nurse, or a nurse’s aide, you do have legal recourse. You should know, however, that cases of medical negligence are not the easiest cases to win, so you will need the help of a personal injury lawyer.
Establishing A Case For Medical Negligence
When a case of medical negligence is brought to court, several things must be proven in order to win the case. First, there must be concrete evidence that the mistake was made by someone in the medical field who was charged with the patient’s care in some way. Second, it must be proven that the medical professional made a mistake in a routine medical practice that is considered by the medical profession to be part of his or her duties. Third, it must be shown in court that this mistake had a direct bearing on something harmful that occurred to the patient.
How A Lawyer Will Help You
A lawyer will thoroughly investigate all the facts of your case. In doing so, he will interview people in the medical field who were present where the accident occurred, and refer to medical records that detail the event, as well as obtain the advice of other professionals who are knowledgeable in medical matters. He will also seek to recreate the events as they actually occurred, to establish why and how they happened. In addition, he will research and apply the particular laws that govern cases of medical negligence, in the state where the event occurred.
Because of the amount of investigation involved, lawsuits charging medical negligence can take considerable time. There is also usually a time limit on which such cases can be brought to court. For more information on the specifics of your case, you should contact a lawyer. Call 703-370-8088 or contact us online to speak to an experienced attorney today.