Woman Hit With Flying T-Shirt Sues Astros
A woman who was struck by a rocket-propelled t-shirt at an Astros game has settled her lawsuit with the team. The t-shirt was fired by the Astros’ mascot Orbit from an airgun engineered to shoot t-shirts into the stands of sporting events. The settlement was announced, but details concerning the settlement remain unclear. The parties will not be allowed to talk about the settlement as part of the deal.
The plaintiff stated that she suffered a broken left index finger when she was struck by the wayward t-shirt at an Astros game during the seventh inning. The woman had to be taken to the emergency room to have the finger treated and required two surgeries to repair the damage. The lawsuit was filed after the Astros refused to pay the woman’s medical bills.
The Assumption of Risk
Baseball proprietors enjoy broadscale immunity from lawsuits involving wayward balls. It is assumed that each person that pays the price of admission to get into the ballpark has assumed and accepted the risks inherent with watching the game. For that reason, foul ball lawsuits are usually dismissed on the spot. For a plaintiff in a ballpark to file a lawsuit concerning something projected into the stands, they must prove that the ballpark or its employees were negligent.
How do you do that? While the details of the case are now a closely guarded secret, we can venture several educated guesses on what might have transpired to leverage the Astros to settle this lawsuit.
The T-Shirt Gun
The woman could have also filed a lawsuit against the t-shirt gun company, but there’s no indication she ever named them in the lawsuit. If the t-shirt gun, as an example, fired the t-shirt at too high of a velocity, it could have easily caused the type of injury the plaintiff said it caused. The t-shirt gun company may, however, have manufactured the device to send t-shirts at multiple speeds such that they traverse variable distances. If the mascot, Orbit, had the t-shirt gun set on the highest setting and proceeded to fire it at a short distance, that also could have caused the type of injury the plaintiff alleges.
So the issue is related to either a) a defective t-shirt gun or b) a defectively operated t-shirt gun. If the issue was a problem with the t-shirt gun, we can safely assume that the t-shirt gun company would have been named in this lawsuit as a codefendant. It is much more likely that the t-shirt gun was negligently operated.
For what it’s worth, it’s probable that t-shirt guns aren’t supposed to fire t-shirts in a direct line but rather, shoot t-shirts up in the air so that the force of gravity can gently rain t-shirts down on spectators. Whatever the issue, it was the Astros who footed the bill while simultaneously blocking a request to depose Orbit, the team mascot.
Talk to a Houston Personal Injury Lawyer
If you’ve been assailed by a renegade t-shirt gun, the Houston personal injury attorneys at Livingston & Flowers can help you file a lawsuit against the negligent party. Call today to schedule a free consultation.