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Judge: Foul Ball Lawsuit Can Continue, No "Baseball Rule"

The Court of Appeals of Georgia has upheld a Fulton County judge's ruling that the so-called "Baseball Rule" isn't Georgia law.

In 2010, a six-year-old girl was struck in the head by a foul ball and suffered severe injuries. Her family is suing the Atlanta Braves. Credit: Hunt Archbold
In 2010, a six-year-old girl was struck in the head by a foul ball and suffered severe injuries. Her family is suing the Atlanta Braves. Credit: Hunt Archbold
The father of a six-year-old girl who was severely injured when a foul ball struck her during an Atlanta Braves game in 2010 can sue the team, the Court of Appeals of Georgia ruled.

Despite a request from the Atlanta Braves and Major League Baseball, a Fulton County judge ruled that the "Baseball Rule," which states that a stadium operator cannot be held liable for balls and bats entering the stands if the area behind home plate is protected, is not law in Georgia.

A three-judge panel at the Court of Appeals of Georgia could not find fault with the lower court's ruling, and refused to reverse the decision, reports The Atlanta Journal Constitution.

During the 2010 season, the family was sitting behind the third base dugout watching a game when then-Braves player Melky Cabrera hit a foul ball which struck the girl in the head. The girl's skull was fractured in over 30 places.

NBC Sports notes that the Idaho Supreme Court ruled last year that a man could seek damages for losing an eye after he was hit with a foul ball during a minor league game in 2008.
George Sedares July 16, 2014 at 03:12 PM
This is a dead on, correct decision. Many so call "disclaimers" have no legal force. They are designed to discourage the masses.
Tom Laverick July 17, 2014 at 10:15 AM
Seriously, There are inherent risks when attending any sporting events. this was one of them. I feel sorry for the little girl and I do agree the stadium should pay the medical bills and at the least put up some kind of barrier. But we still have to take responsibility for our actions and choices, He choose those seats because he wanted to be on top of the action therefor he is just as much to blame as the stadium.

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