Hitting cars as they drive by a softball field. Who's liable?

goinglefty · Nov 24, 2015

Just wondering about this. I practice with my DD at our local HS sometimes. When we do some bp she sometimes puts it over the fence into a private road owned by the HS behind the outfield fence. A few times she has almost hit a few passing cars. If she actually hit a car and caused damage would we be liable?

Jquick823 · Nov 24, 2015

IMO yes. Now this will and can be what if'd but I look at it like this. You are not part of a school sanctioned event so you are also using the field at your own risk.

quincy · Nov 24, 2015

I would guess it is like golf when you hit a house, you would be on the hook.

(I have never done this in golf, just have heard stories.

)

goinglefty · Nov 24, 2015

Jquick823 said:
IMO yes. Now this will and can be what if'd but I look at it like this. You are not part of a school sanctioned event so you are also using the field at your own risk.

So if it was in a game, the school would be liable?

goinglefty · Nov 24, 2015

quincy said:
I would guess it is like golf when you hit a house, you would be on the hook.

(I have never done this in golf, just have heard stories. )

TBH. I never thought someone would be on the hook for hitting a house on the golf course. I thought if you buy a house on a golf course you should expect those kinds of damages. I guess i could google it... but i'm lazy... lol.

BuckeyeGuy · Nov 24, 2015

The answer is likely the same as golf, as quincy says, but it's not automatically "yes." The answer can be No, Maybe, Yes.

No - if the player is exercising "ordinary care," that is using the facility and equipment in a manner consistent with its intended use, then it will be difficult to impossible to show negligence on the part of the player.

Maybe - if the player is not exercising "ordinary care" (maybe moving up and hitting from the edge of the grass or something like that; not hitting from the batter's box), then she might be considered negligent. Maybe also applies to someone driving along that road, as they could be considered to have accepted some risk knowing that a diamond was next to the road.

Yes - if the player is purposely hitting the balls onto the road, intentionally misusing the facility and equipment.

Nothing is cut and dried when it comes to liability, and you can still be sued even if you're doing everything right, but if you're doing it all correctly then you'll likely win any lawsuit.

goinglefty · Nov 24, 2015

BuckeyeGuy said:
The answer is likely the same as golf, as quincy says, but it's not automatically "yes." The answer can be No, Maybe, Yes.

No - if the player is exercising "ordinary care," that is using the facility and equipment in a manner consistent with its intended use, then it will be difficult to impossible to show negligence on the part of the player.

Maybe - if the player is not exercising "ordinary care" (maybe moving up and hitting from the edge of the grass or something like that; not hitting from the batter's box), then she might be considered negligent. Maybe also applies to someone driving along that road, as they could be considered to have accepted some risk knowing that a diamond was next to the road.

Yes - if the player is purposely hitting the balls onto the road, intentionally misusing the facility and equipment.

Nothing is cut and dried when it comes to liability, and you can still be sued even if you're doing everything right, but if you're doing it all correctly then you'll likely win any lawsuit.

Well.. she is hitting from the batters box and I'm front tossing... but technically she is trying to hit it out so i suppose it is a little different than golf in that way. it's not like she is trying to keep it in the park. in softball/baseball you are trying to hit it out...

grcsftbll · Nov 24, 2015

Once at my daughter's baseball game a foul hit a car parked by the fence. Broke the windshield. I've wondered what happened with that. There is plenty of parking away from where fouls might go. I figured when they chose the shorter walk, they assumed the risk. That's not the same as just driving by though. Interesting question.

goinglefty · Nov 24, 2015

grcsftbll said:
Once at my daughter's baseball game a foul hit a car parked by the fence. Broke the windshield. I've wondered what happened with that. There is plenty of parking away from where fouls might go. I figured when they chose the shorter walk, they assumed the risk. That's not the same as just driving by though. Interesting question.

At a tournament we go to I have seen parked cars get hit by foul balls. I know one owner of a car who's car was hit and windshield destroyed. She just went through her own insurance. It was obviously an accident and the owner of the vehicle just chalked it up to being parked near a softball field.

BuckeyeGuy · Nov 24, 2015

goinglefty said:
Well.. she is hitting from the batters box and I'm front tossing... but technically she is trying to hit it out so i suppose it is a little different than golf in that way. it's not like she is trying to keep it in the park. in softball/baseball you are trying to hit it out...

And that is consistent with the intended use of the facility and equipment, IMO. But I'm no lawyer...

Hitting cars as they drive by a softball field. Who's liable?

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