Get hit in eye with popup in softball? Sue the company that built the field

Meet George Black. While playing third base in a men’s slo-pitch recreational softball game in Hamilton, Ontario on May 19, 2004, he attempted to catch a popup … and of course lost it in the sun. Never has the sound effect BONK! been more appropriate, as the ball hit him in the eye and broke his glasses, and also broke one of his fingers. Mr. Back suffered eye damage, and will forever be known as a dork. So he did the natural thing: He’s suing the company that built the diamond. I’m not sure why it’s taken so long to get to this point, but a judge has actually ruled that the case can go forward. This landmark case will strike a blow for inept softball players everywhere.

Mr. Black filed a lawsuit, but not against the batter or any other player. He sued the owner of the diamond, steel giant ArcelorMittal Dofasco.

Mr. Black alleged Dofasco should have erected a sun screen at the diamond to protect players. The company considered putting a screen there months earlier but failed to do so, he added.

He also alleged the company failed to inspect the diamond or “warn [Mr. Black] of the dangers of the sun at the particular time of day.”

“Players are not trained nor experts in knowing the safety precautions,” Mr. Black alleged in his suit. “There have been no instructions in avoiding the sun. There were no instructions that the players are to cease playing when the sun is at a level that will interfere with their eyes.”

Mr. Black has a rock-solid case in my opinion. The makers of the field also failed to post warnings that gravity causes things to hurtle back to Earth at high rates of speed.
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Slo-pitch player sues field owner after being struck by ball [The Globe and Mail]