- Apr 14, 2011
- 93
- 6
Sounds good to me. TBH. if my car was hit near a softball/baseball field I would just let my own insurance take care of it, assuming it wasn't done on purpose of course.
Hitting cars as they drive by a softball field. Who's liable?
- Thread starter goinglefty
- Start date
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Sounds good to me. TBH. if my car was hit near a softball/baseball field I would just let my own insurance take care of it, assuming it wasn't done on purpose of course.
IDK, parking is one thing. Driving cars on a public road would be different.
Many Many times my wife has said "hey, there's a good parking spot" and I'm like no, that's in foul ball range !
- Feb 7, 2013
- 3,188
- 48
FWIW - in high school, I worked part-time for an attorney who unsuccessfully sued a golf course because a stray golf ball from the driving range hit his new car (Alfa Romeo) on the street when he was driving. His unsuccessful argument was that the fence should have been higher. Judge ruled otherwise.
On a separate note, we had a parent sue our rec league to get better foul ball fencing since several people were hit by foul ball, line drives. In the end, the league put up some better netting which I think was a good thing for all involved.
On a separate note, we had a parent sue our rec league to get better foul ball fencing since several people were hit by foul ball, line drives. In the end, the league put up some better netting which I think was a good thing for all involved.
You know from past experience she is capable of hitting the ball to the roadway.
You know from past experience that cars use the roadway.
You recognize the risk to cars on the roadway and continue to hit the ball onto the roadway.
Break out your check book.
You know from past experience that cars use the roadway.
You recognize the risk to cars on the roadway and continue to hit the ball onto the roadway.
Break out your check book.
When you get to a ballfield that you've never been to before, and notice that there is a TON of close-in parking and the outer portions of the lot are almost full, that is a good indicator of where you should park. I've seen this dozens of times.
- Feb 7, 2013
- 3,188
- 48
Most fields have signs "Park at your Own Risk".
Probably not since it is a softball diamond and is being used for the purpose for which it was designed and in a manner consistent with its purpose.
I would agree were it not for the fact that this is a one on one practice session and they are obviously failing to exercise due care. This is not a random act as part of a typical practice or competition. It is a deliberate act attempting to hit the ball to the roadway where they know that it has to potential to cause damage or injury.
I disagree. 1) They are using ordinary care, which is the legal standard and is based on what I said before about using the field like it's supposed to be used. 2) One on one or regular practice is immaterial - either activity has the possibility of a ball leaving the playing field, but that is not negligence. 3) The attempt is to hit the ball well, which may or may not result in the ball clearing the fence. There is no intent to hit the road or any vehicle traveling along it.
In general, so long as the facility is being used in a manner consistent with its intended purpose, those using it will not be considered liable. The action would need to be reckless and/or intentional (as in intentionally hitting a car, not necessarily intentionally clearing the fence) for them to be considered liable - in most cases. Like I said, nothing is ever cut and dried with this kind of stuff.
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