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Staten Island Little League faces premises liability lawsuit

Staten Island Little League faces premises liability lawsuit

A 6-year-old boy who suffered a serious head injury is pursuing a $1 million personal injury lawsuit against a Little League complex on Staten Island. The boy, a player on a local team, was hit in the head by a baseball thrown by a pitching machine.

The accident occurred during a practice session rather than during a game. The youth’s attorney asserts that the accident and injuries would not have happened if common sense had been applied by those in charge of the facility. The pitching machine was unintentionally turned on by another child when the 6-year-old was in the batting cage and was picking up some balls. The child was not wearing a protective helmet because he was not scheduled to bat during the practice session.

The child should not have been able to accidentally activate the machine, the lawsuit claims, but the machine’s switch was unlocked and unprotected and placed on the ground right outside the batting cage enclosure. The baseballs traveled at approximately 50 miles per hour struck the right side of the child’s head. He sustained a fractured skull and bleeding in his brain.

The child who accidentally turned on the batting machine barely avoided being struck and injured himself as he also went inside the batting cage to help the first child pick up balls. Both children were approximately the same age.

The child and his lawyers are arguing that there were a lot of things that could have prevented this accident, including supervision and a protected or inaccessible switch for the pitching machine. Had they taken the time to think about the dangers present with a pitching machine, the accident might never have happened.

Source: Staten Island Advance, “Staten Island boy, 6, suing Great Kills LL for $1M,” Frank Donnelly, Jan. 21, 2013

You can find out more about premises liability injuries on Staten Island by visiting our website.

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