Line Drive

In early September, a 4 year old boy and his family went to see a Cleveland Indians minor league baseball game. They had great seats for the game, they were in the front row, only 10 seats away from the scrapper's dugout. A foul ball line drive directly hit the boy's head, who was sitting in his father's lap and talking to his mother. The ball came into contact with his head at such a fast speed that it caused a skull fracture, leaving the boy in critical condition. Reportedly, there were no nets to prevent these foul balls to hit fans sitting above the dugouts, there was only a cage net behind the home plate. Luke Holko is able to move his arms and legs, as well as blink his eyes, to show acknowledgement when he is spoken to. At this point in his recovery, he can't talk. Doctors at Akron Children's Hospital say he suffered a brain stem injury, that is healing. However, it could take months or years to find out how well he recovers. The family admits to having seen signs warning to "be aware of foul balls". There are also warnings written on the back of every ticket sold, essentially stating that if you come to a ballgame, you are doing so at your own risk.  It can't be argued that it is the ballplayers fault for hitting a line drive into the boy's head, he couldn't have possibly done so intentionally. Is it fair to say that the stadium's was poorly designed, and did not take into account foul balls, and their potentially lethal consequences? Are the stadium's warnings on the back of tickets enough, to argue that the fans were warned of foul balls, and their risks, but still attended the game at their own risk?