The father of a girl who suffered brain injuries from a foul ball at a 2010 Atlanta Braves game is suing the team and Major League Baseball. He says the team didn’t provide proper protection to keep the accident from occurring.

The suit, filed last week in Fulton County State Court seeks unspecified damages for the girl’s pain and suffering and medical expenses. The girl, who was six at the time, was sitting with her parents behind the visitor’s dugout at Turner Field when she was hit in the head by the foul ball.

Braves tickets include a warning about the danger of being injured by baseballs, but Polly J. Price with Emory Law school says under the law, the disclaimer may not apply to children:

“You’ve got a six year old child sitting in an area and we treat them differently as a matter as law in terms of what kinds of risks they assume.”

The Atlanta Braves issued a statement saying they are “withholding comment” on the “pending legal matter.

Tags: lawsuit, Braves, parker wallace, MLB