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Law Protects Baseball Teams in Spectator Injury LawsuitsA suburban Chicago man has filed a negligence lawsuit against the Chicago Cubs after a foul ball hit him while he was attending a game in August, making him blind in his left eye. This is not the first personal injury case that a spectator has brought against the Cubs or other baseball teams. Initially, it seems that there could be a strong basis for claiming negligence:

  • There is protective netting behind the plate, but most of the injuries occur in areas along the foul lines that are not protected;
  • Hit balls travel at such high velocities that it can be difficult for a person to react, even if he or she is paying attention; and
  • With the history of spectator injuries, baseball teams are aware of this danger but have not taken enough preventive measures.

Unfortunately for the plaintiffs, there is a very low success rate with these lawsuits. Legislation specifically protects operators of baseball stadiums from liability in most cases.

Baseball Rule

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dangers of head injuries, head injuries, McHenry County Personal Injury LawyerIf you are injured due to the negligence of another, you may be eligible to file a personal injury lawsuit that aims to get you compensation for your suffering from the people responsible.

One of the biggest obstacles in a personal injury lawsuit is showing that the person who was responsible for your injury had some sort of duty to keep you safe, or at least to avoid hurting you. While this aspect of a personal injury lawsuit is often one of the most complex pieces of the puzzle, there are some instances where it is very straightforward. One of these instances is when you can show that the person who hurt you was negligent per se.

Negligence Per Se

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compensation for personal injuries, Illinois Personal Injury LawyerMost people's lives can get turned upside down by an injury that results from the negligent or intentional actions of another. When this happens, people may struggle to come to terms with their new lives, and even though they need help with the bills that may come with the injuries, they may feel like there is no time to pursue a civil suit for compensation. Unfortunately, leaving the decision to pursue compensation for a future date can lead to losing the right to sue.

A person may lose his or her right to sue another person or entity if the statute of limitation on their injury passes. The statute of limitations is a legal time limit beyond which a person cannot seek compensation for injuries caused. For example, in cases involving local public entities or their employees, a person cannot bring a lawsuit alleging injuries more than one year after the injuries are sustained.

For most negligence claims in Illinois, the injured party has two years in which to bring a lawsuit seeking to recover damages. The two years is generally calculated from the time of the injury, although in some situations, the time can be calculated from the time of a person's discovery of the injury. This is especially true in cases involving medical injuries that may not be discovered for some time. For example, if a doctor leaves a surgical tool inside a patient's body cavity during surgery, the patient may not discover his or her injury for a while. Therefore, the statute of limitations in a case such as this would accrue from the moment the patient finds out or should reasonably have found out about the tool.

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