By Eric Shore, Personal Injury and Disability Attorney | Practicing since 1994 | Serving Pennsylvania, New Jersey, and Florida
Pennsylvania Law Quick Answer
Stadium operators and vendors must keep the property reasonably safe. You may have a case if a dangerous condition existed, they knew or should have known about it, and it caused your injury. The Baseball Rule is a defense. It only applies to risks that are part of the game itself.
Yes, you may have a case if you get hurt at a Phillies game, but only if the injury was caused by something unsafe, not just the game itself. If you were hit by a foul ball, the law usually protects the team. If you were hurt because of a dangerous condition in the stadium, that is different. That distinction decides most cases.
A lot of people walk out of a game thinking they just had a bad fall. Then the medical bills start. Then they miss work. Then they realize no one is covering it.
Citizens Bank Park sees thousands of people each night. For many families in Philadelphia, a Phillies game is part of life. When something goes wrong, what matters is whether the property was safe.
Does This Apply to You?
This is worth looking at if your injury came from a condition, not just the game.
For example:
- You slipped on something that should have been cleaned
- You fell on stairs or a walkway that was not safe
- A seat or railing failed
- Security ignored a situation
- You were hurt in the parking lot
If that is what happened, it may be more than bad luck.
Can You Sue the Phillies or the Stadium?
Sometimes. Not always.
The real issue is control. Who was responsible for the area where you got hurt, and what should they have done?
Stadium operators and vendors must keep the property reasonably safe. Under Pennsylvania premises liability law, property owners must find problems, fix them, or warn people. The law looks at whether they knew about the problem or should have known about it given how long it was there.
We have handled many cases where a spill or an overflowing toilet caused a serious injury because it was not addressed in time. We represent multiple people who slipped in bathrooms that were not properly maintained. In one case, the person ended up in the hospital and now uses a walker. Those details matter.
“The key question is not where you were sitting. It is what caused the injury.” – Eric A. Shore, Law Offices of Eric A. Shore
Cases usually come down to three things. Was there a hazard. How long was it there. Should someone have dealt with it.
The same spill can be a strong case or no case at all depending on how long it sat there.
Even if you were partly at fault, Pennsylvania law may still allow recovery. You can still pursue a claim as long as your share of fault does not exceed 50 percent.
The Baseball Rule Gets Overused
People hear about the Baseball Rule and assume they have no case.
That is not how it works.
I will never forget sitting behind home plate with my son when I reached up to catch a Shane Victorino foul ball. It hit my finger and bounced away. My finger has been crooked ever since.
No one to blame but me.
That is what the Baseball Rule is meant to cover.
We have also seen cases go the other way.
At another ballpark, the Law Offices of Eric A. Shore represented a mother who was hit by a ball during warmups. Players were fooling around. The netting did not extend far enough to protect her.
That is not a normal risk of watching the game. That is a safety issue.
Those cases are different from foul balls during play.
“Once an injury is tied to something that should have been fixed, the analysis changes quickly.” – Eric A. Shore, Law Offices of Eric A. Shore
What Should You Do Right Away?
- Get medical attention
- Report it and make sure there is a record
- Take photos before anything is cleaned or repaired
- Get names of witnesses
- Keep proof you were there
In many stadium cases, video is overwritten quickly. If no one asks for it early, it may be gone.
If your injury happened because something was unsafe, the sooner you figure that out, the better. These cases often depend on evidence that disappears fast. We will tell you straight whether we think you have a case.
The consultation is free. There is no obligation.
We will tell you honestly whether we think you have a case.
1-800-CANT-WORK 1800cantwork.com
What Makes a Case Worth Pursuing?
Not every injury becomes a case.
The stronger cases usually involve:
- A clear hazard
- Time for someone to fix it
- Evidence or witnesses
- Medical treatment
- Real impact on your life
If nothing was wrong and no one could have prevented it, there is usually no case. When something should have been fixed, that is when liability becomes real.
What If You Miss Work After the Injury?
In more serious cases, this becomes part of the problem.
A stadium injury case takes time. It does not replace your paycheck right away.
We have seen people brush this off, then realize weeks later they cannot go back to work.
If that happens, you may need to look at:
- Short term disability
- Long term disability
- Social Security Disability
The injury case and the disability claim run on separate tracks. If your injury keeps you out of work, disability benefits may be the only income you see while the case moves forward. Do not wait until the money runs out to look at this.
This is what we call a DisInjury™ case. DisInjury™ is when a physical injury causes a lasting inability to work and earn. The stadium claim covers what happened to you. The disability claim covers the income you are losing while that case plays out. Each has its own deadlines. Missing one can cost you money you needed.
At the Law Offices of Eric A. Shore, we handle both the slip and fall claim and the disability side so nothing falls through. If your condition is expected to last a year or more, you may also qualify for Social Security Disability benefits.
Common Questions
How long do I have to file a claim? In Pennsylvania, you have two years from the date of injury under 42 Pa. C.S. § 5524. Waiting is risky. Surveillance footage gets overwritten. Witnesses forget. The sooner you act, the more you preserve.
Can I sue for a slip and fall at a Phillies game? Yes, if a condition caused it that should have been addressed. The key questions are whether the hazard existed, whether the operator knew or should have known, and whether it caused your injury. A spill reported hours earlier is a different situation than one that appeared two minutes before you fell.
Does the Baseball Rule block everything? No. It covers risks that come with watching the game. Foul balls in unscreened areas are one example. It does not protect operators from unsafe conditions that have nothing to do with play. Slippery concourses, broken railings, and bad security are not part of the game.
Who is responsible for a parking lot injury? It depends on who controlled the lot. If the Phillies or their operator ran it, they may be responsible. If a separate parking company managed it under its own contract, the claim may go against them. Ownership records and lease agreements determine that. It must be investigated early before documentation disappears.
Most people think getting hurt at a game is just part of it. Sometimes it is. Sometimes it is not. The difference is what caused it.
Have questions about your claim? Call 1-800-CANT-WORK for a free consultation. Visit 1800CANTWORK.com or email contact@ericshore.com
Eric Shore is a personal injury and disability attorney at the Law Offices of Eric A. Shore. He has been representing injured and disabled clients since 1994. The firm has recovered more than $250 million for over 40,000 clients across Pennsylvania, New Jersey, and Florida.
