According to Kathianne Boniello at the New York Post, a fan hit by a flying bat at Shea Stadium during a Mets-Braves game in August of 2007 is planning on filing a lawsuit for the medical damages. James Falzon, 48, was struck by a bat while sitting on the 3rd base line with his son, father and nephew. The incident left him with broken teeth, a split palate and facial fractures. Falzon plans to sue Shea Stadium under the premise that there should be netting up to protect the fans.

First of all, read the back of the ticket man. It CLEARLY states: “The holder assumes all risk, danger and injury incidental to the game of baseball and all warm-ups, practices, competitions, entertainment and promotions [...] whether occurring prior to, during or subsequent to the playing of the game, including (but not limited to) the danger of thrown bats, fragments thereof, and thrown, propelled or batted balls and other objects [...].

Plus, one of the reasons people want those seats is so they can catch foul balls and that would be prevented if there were netting up. Accidents happen everyday, get over it. Anyone who has ever watched a game before knows that bats and balls go flying. It was his choice to sit there instead of the somewhere safer, such as behind home plate where there is netting or under the overhang in the Mezzanine section. Next time, pick a safer seat. It doesn’t seem like he is going to have a great case to go on here.

Thanks to kowalski in the Hot Foot Bleachers for the tip!