Family a GA Baseball Player Files Lawsuit After Son Dies at Batting Cages

The family of a high school baseball player has filed a personal injury wrongful death lawsuit against the school district after their son was killed in an accident at the batting cages. According to the lawsuit, the boy was struck in the head by a baseball bat while at practice. The boy’s family has since filed a wrongful death lawsuit against the school district accusing it and several of its agents of negligence. The lawsuit names multiple employees at the school including the principal, baseball coaches, athletic director, and athletic trainer.

The plaintiff’s lawsuit accuses the school district’s employees of extreme negligence. The family says it took over three minutes for an adult to arrive after their son was struck in the head with a bat. The lawsuit notes that 911 wasn’t called until seven minutes after the boy was struck in the head. The lawsuit also claims that the practice should have never happened because it violated the Georgia High School Association’s rules.

The family is seeking $722,000 in damages for wrongful death, grief and anguish, medical bills, and burial costs.

Elements of negligence

 Imperative to any personal injury lawsuit is the question of negligence. To prove negligence, you must establish that a defendant owed you a duty of care, that they breached that duty of care, and that injuries resulted from the breach. In this case, the school district had an implied duty of care to ensure the safety of the children who they were supervising. While their backs were turned, one of the children was struck in the head with a baseball bat. There appeared to be no adults supervising the children at the time of the accident. Had there been, it’s likely that 911 would have been called earlier in the process instead of there being a 7-minute delay.

The family will argue that the lack of supervision was the breach of the district’s duty of care. During that breach, a student was severely injured and later died as a result of those injuries. That breach is thus the direct or proximate cause of the student’s death.

The defense 

The school district is not commenting on the litigation. However, in many personal injury cases, it is the best practice of civil defense attorneys to blame the victim for their own injuries. In this case, they can claim that horseplay was to blame for the resulting accident that led to the student’s death. They cannot, however, explain why there were no adults in the area supervising the children while they were practicing. They can further not explain why it took 7 minutes to call 911 after the boy was injured. Ultimately, this is a tough case to defend.

Talk to an Atlanta, GA Personal Injury Lawyer Today 

The Forsythe Law Firm, LLC represents the interests of those who have been injured due to another party’s negligence. We handle all personal injury claims, including car accident claims, and can help you successfully resolve your case. Call our Atlanta personal injury lawyers today to learn more.

Source:

wsbtv.com/news/local/hall-county/family-ga-baseball-player-who-died-batting-cage-accident-files-wrongful-death-lawsuit/7BUKSZEOONENZNSHBLYPTNNEHE/