HOUSTON (1080 KRLD) - An attorney for the family of a toddler hit by a foul ball during a Houston Astros game at Minute Maid Park says the child suffered a skull fracture and other head-related injuries.
The family has retained attorney Richard Mithoff in the case, although a lawsuit has not been filed against the team or venue.
Mithoff said the child, 2, had bleeding and swelling in her brain, as well as a brain contusion after she was struck during the game on May 29.
Daniel Wallach is a prominent sports attorney. He said, historically, lawsuits by fans hit by batted balls have not been successful, "Every ticket has language on the back, which expressly states that the holder of the ticket bears the risk of anything that happens at a ballgame, such as a ball being hit into the stands. But, times have changed."
As similar incidents mount, Wallach said more cases are tilting in favor of spectators, at least preliminarily. He believes Major League Baseball will be forced to adopt a new standard for extended protective netting in all its parks, "We're talking about 100-mile-an-hour-plus unguided missiles into the stands. That fact that stadiums are already taking protective measures could potentially open them up to liability if those measures do not go far enough," he said.
Several teams, including the Chicago White Sox, Washington Nationals and Los Angeles Dodgers, have announced plans to extend their protective netting from home plate to the foul poles. Major League Baseball required all team to extend the netting to the end of the dugouts before the 2018 season.
As for the family's case against the Astros and Minute Maid Park, Wallach said he believes an amicable solution will be reached. "The family didn't just hire an attorney out of the blue. The team approached the family all about having some discussions, and in response to that outreach, the family hired a lawyer."
The Astros said they will continue studying the issue of extending the protective netting in their home ballpark.