A woman has filed a lawsuit alleging that she suffered “significant and excruciating injuries” when then-Atlanta Braves outfielder Jorge Soler threw a ball into the stands during the 2021 World Series. The incident occurred on October 29, 2021, just before the start of the fifth inning, when Soler, after completing warm-up tosses, threw a ball into the seats, as stated in the civil action filed in Georgia’s Cobb County Superior Court.
The woman, identified as Norris, was seated with her husband and brother-in-law in the lower deck of Atlanta’s Truist Park, in Section 109 by the right-field foul pole when she was struck by the ball, according to her attorney, Susan Shaw. The lawsuit claimed that Soler’s throw was not a typical arching loop, but rather an overhand throw with great force and intensity directed at Norris, causing extensive and excruciating injury to her right eye.
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The injuries sustained included multiple fractures, a right eye edema, and infra-orbital abrasion, which have required extensive medical treatments and will necessitate long-term medical care, as per the lawsuit.
Traditionally, civil law has held that fans assume nearly all claims of injury from balls and bats flying into the stands at baseball games. Tickets often include legal language informing spectators that they assume all risks of bats and balls striking them from the moment they enter the stadium.
However, Norris’ claim may have some “wiggle room” in the long-held “baseball rule” of fans surrendering their rights, according to Georgia State University law professor Kelly Cahill Timmons. While unintentional acts such as foul balls and errant bats hitting fans might not be subject to litigation, intentional acts like a post-warmup toss could potentially be litigated.
In a notable precedent, the Missouri Supreme Court ruled in 2014 that the Kansas City Royals were not entirely exempt from liability when their mascot, Sluggerrr, used an air cannon to fire a hot dog into a man’s eye, allegedly leading to a detached retina.
Timmons emphasized that this case is not a clear-cut situation where there’s no chance of winning because it’s so obvious that Soler’s throw is inherent in attending a baseball game. While fans enjoy player-fan interactions like getting a baseball thrown to them, that may not necessarily be considered inherent in the game itself.
Norris’ lawsuit claims that the defendants breached their duty by failing to keep the premises in a safe and proper condition and by allowing for dangerous and reckless conduct by Soler.
A Braves spokesperson declined to comment on the matter, and Soler’s agent in Los Angeles could not be reached for immediate comment.
