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Foul Ball Injury Caused Blindness, Says Cubs Fan

A Chicago man is suing Major League Baseball and the Cubs after he was hit by a foul ball at Wrigley Field on August 29, saying the injury caused blindness in his left eye that may be permanent and may require him to get a prosthetic eye.

The plaintiff said at a news conference Tuesday that he is bringing the catastrophic injury lawsuit in an attempt to “protect others from going through what I and my family are going through.”

‘Preventable’ Injury Caused Blindness, Lawsuit Says

According to the lawsuit, “Defendants were aware that patrons have suffered serious injuries (i.e., blindness, skull fractures, severe concussions, brain hemorrhages) or been killed by baseballs entering the stands at a high rate of speed in foul territory at Wrigley Field and other MLB team fields. For instance, in July 2008, a seven-year-old fan was struck in the head and suffered a fractured skull and brain swelling after being struck by a foul ball at Wrigley Field.”

As a result, the MLB and ball parks are under pressure to provide adequate netting to protect their fans from high-speed foul balls and have erected such netting intended to protect them. However,  this protection was not enough for the 60-year-old plaintiff.

“In fact, Defendants have increased the risk of injury to patrons not only by failing to extend the netting further, but also by including distractions during the game, increasing the pace of the game, and encouraging the use of mobile devices during the game,” the personal injury lawsuit continues.

According to his lawsuit, the foul ball injury caused blindness in one of the man’s eyes. He has undergone surgery and has been unable to return to work in the meantime. He also suffered five facial fractures and persistent bleeding from his sinus into his mouth. The man says that he may need to resort to a prosthetic eye and his blindness may be permanent despite the two other surgeries he will have.

A 2014 Bloomberg report cited in his lawsuit found that more than 1,700 baseball fans are injured by high-speed balls each year. This is because stadiums are designed to seat individuals in “exposed areas along the first and third baselines in foul territory,” says the lawsuit.

According to the lawsuit, the plaintiff was given a ticket to the Cubs-Pirates game in August – section 135, row 11, seat 107. Wrigley field tickets do limit the liability of the team by stating the risk of being hit by a high-speed ball. However, says the plaintiff, he did not actually see a ticket and he did not know where the seats were exactly.

Before the injury caused blindness, the plaintiff alleges that he had perfect sight; now the plaintiff is not sure when he can return to work.

“I haven’t done much since August 29” the plaintiff told CNN. “I am on short term disability. I’m not sure when I will be able to return to work.”

The case is Loos v. Major League Baseball and Chicago Cubs Baseball Club, LLC, in the Circuit Court of Cook County, Illinois, County Department, Law Division.

Catastrophic Injury

It is devastating when the negligence or recklessness of others or even an organization leads to catastrophic personal injury, including injury caused by blindness. Additionally, companies sometimes know of the risks of their negligence, but refuse to fix problems until it is too late for the victims.

Disfigurement, like an injury that caused blindness, can have a lifelong effect on a person. Not only does it impact a person’s physical abilities, it can also devastate them emotionally. Further, a person may require a lifetime of medical treatment and may suffer financial damages as a result.

Whether it is disfigurement, such as when an injury caused blindness, or other type of personal injury, victims have a legal right to be compensated for their medical expenses, pain and suffering, and lost wages.

It can be difficult for a person suffering from catastrophic personal injury to navigate the network of insurance, laws and regulations surrounding their rights, but an experienced attorney can help. You can obtain a free case evaluation by filling out the form on this page now.

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