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

[chinamigarden]

Was at a game and a house was hit with a foul ball and broke a window. Guy came out cussing and being a fool. We all went from sympathetic to unsupportive in a hurry.

 

[WARRIORMIKE]

Yea we almost dropped the bat an ran

 

[JJsqueeze]

I found as a kid that if you can run fast enough then you are not liable for damage caused by batted balls.

 

[riseball]

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.

What is described is far from ordinary care and borders on reckless. Ordinary care requires that when your actions or conditions prove to present a hazard, it is incumbent upon you to modify your behavior.

Definition of ORDINARY CARE. : the care that an average reasonable man exercises to prevent harm to the person or property of others and failure to exercise which when under a duty to do so constitutes actionable negligence on the part of one causing such harm.

 

[goinglefty]

I found as a kid that if you can run fast enough then you are not liable for damage caused by batted balls.

Thats what my lawyer friend said at first. lol.

I just asked him. He works as a lawyer for Geico btw.

But then he said that if we were allowed to be on the property and it could not be proven we were being reckless, the schools insurance policy should be required to cover damages even if just a private practice and not a school sanctioned event. Similar to homeowners insurance and someone slips and falls on your property. The argument being is that the road is too close to the field or fence is not tall enough.

 

[Cannonball]

I know we would be broke if we are liable. BB hit a windshield at UMSL, Southeast Missouri State, U. of Indy, and two windshields at the Arkansas Tournament held by Monticello. She dented a truck also at U of Indy.

 

[Softball scholar]

I was coaching a little league game once. I parked behind the fence behind the plate because it was closer. Of course a foul ball flies up over the fence and lands on the hood of my blue minivan. It put a big dent in it. Somebody said, that guy is going to be disappointed when he sees that dent. I said " I bet he will be, and I bet he never parks there again". For the sake of my embarrassment, I don't think anybody realized that was my vehicle.

 

[#10's Dad]

Our high school field has a busy road that runs right behind right field and centerfield DD has hit a tractor trailer, Toyota Tacoma, and a car this season. Thank goodness I wasn't responsible for fixing the vehicles. The truck and car stopped and complained I think the school might have paid for fixing the dents. The big rig honked his horn and everybody got a good laugh it was a 3-run HR in the second round of state.

 

[4 girl's dad]

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?

I would think the bold above would be a large factor

 

[Greenmonsters]

Thats what my lawyer friend said at first. lol.

I just asked him. He works as a lawyer for Geico btw.

But then he said that if we were allowed to be on the property and it could not be proven we were being reckless, the schools insurance policy should be required to cover damages even if just a private practice and not a school sanctioned event. Similar to homeowners insurance and someone slips and falls on your property. The argument being is that the road is too close to the field or fence is not tall enough.

Wonder if it would it make a difference whether you were using a shaved bat?!