When baseball fans buy tickets to games, it’s understood that they assume any injury risk that could happen during games.
But that’s not stopping one fan from suing the New York Yankees for $10 million after she was injured during a recent game against the Cleveland Guardians when she was struck in the head by a bat.
Yankees Being Sued After Fan Suffers Head Injury
GettyThe New York Yankees could have to pay a fan $10 million if they lose a lawsuit recently filed against them
Stephanie Duluc, a 37-year-old healthcare executive who is the chief of staff at SOMOS Community Care in the Bronx, is suing the Yankees after she was struck in the head by a bat.
She claims she suffered a traumatic brain injury from the incident. Duluc was sitting in luxury seats behind home plate when Guardians third baseman Jose Ramirez’s stray bat flew in her direction. She put her hands up to block it, but her head still absorbed a lot of the blow.
According to Duluc’s complaint, she alleges the Yankees’ negligence directly led to her injuries.
She maintains there was a gap in the net in front of her seats, which allowed the bat to get through and strike her “with such force that it knocked her from her seat and violently threw her to the ground, causing her to sustain severe and permanent injuries.”
Duluc also claims she hasn’t been able to return to work since the incident occurred, which is why she’s seeking $10 million to cover her injuries, her current and future medical expenses, her pain and suffering, and the emotional distress she’s dealing with.
Duluc Challenging Longstanding ‘Baseball Rule’ in Court
GettyA fan is suing the New York Yankees for $10 million after getting hit in the head with a bat
The “Baseball Rule” has typically prevented professional teams from facing any kind of legal ramifications if fans are struck by baseballs, bats, mitts, or players.
In fact, the Yankees has been in similar situations where fans were hit by foul balls and stray bats and the “Baseball Rule” led to those injury lawsuits being thrown out.
But the “Baseball Rule” has one clear caveat that Duluc is hoping plays into her favor — every stadium/grounds crew is responsible for making sure there is sufficient netting in place for areas that present great danger, like behind home plate.
Duluc’s case will be based on whether or not she can prove the Yankees Stadium net was either defective or not adequate to protect her.
As of Friday afternoon, the Yankees have not commented publicly on the incident.
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