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