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-   -   Who is at fault????? (http://www.diychatroom.com/f39/who-fault-2312/)

redline 04-18-2006 08:21 PM

Who is at fault?????
 
If a person owns a house and it is located near a playground/park and a stray baseball damages their property then who is responsible for the damage?

Thanks

ron schenker 04-18-2006 09:21 PM

Is this a trick question?

Oldman 04-18-2006 10:28 PM

I'm not a lawyer, but I do recall somewhere that a man was liable for the leaves from his tree falling into the neighbors yard (Picky:rolleyes:) Your best bet if there is no lawyers visiting here is to talk to the local PD and see what they say. If you are not satisfied then seek the advice of a lawyer.

Floorwizard 04-19-2006 07:55 PM

burdon of proof.

need more info.

do you know who it was?
any whitnesses?

redline 04-20-2006 03:22 PM

Some one said that it would be the person that hit/threw the ball.
Another person said that it is the responsiblity of the city because it is a city park.

Not sure who is right?

SDeeter19464 04-20-2006 03:59 PM

Quote:

Originally Posted by redline
Some one said that it would be the person that hit/threw the ball.
Another person said that it is the responsiblity of the city because it is a city park.

Not sure who is right?

I'd say both could be liable...the person who actually hit the ball (if you could find them) and the city for not having a barricade up to prevent the ball from traveling off their property...

steve

Floorwizard 04-20-2006 07:48 PM

Great,
now the parks will be fenced in like bird sanctuaries after that lawsuit :)

redline 04-22-2006 08:12 AM

For example:

If your neighbor had a group of people over to their house and they were playing baseball and the ball damaged your property then who would be responsible? The person that hit/threw the ball or the homeowner for allowing this action to occur?

???

SDeeter19464 04-22-2006 08:42 AM

Quote:

Originally Posted by redline
For example:

If your neighbor had a group of people over to their house and they were playing baseball and the ball damaged your property then who would be responsible? The person that hit/threw the ball or the homeowner for allowing this action to occur?

???

Being it is a private party, I believe it is a little different...I would say your homeowners insurance should cover that (should cover all scenarios of it)...hopefully your "friends" would offer to pay for the damage...and you also took on some amount of risk by having the "game" in close proximity to your house...you also had say in whether the game was played or not...common sense falls in here...

The municipal scenario...you don't have any say over a game being played in the park...damage incured by the ball from the park would be traceable back to the "owner" of the property...and the people playing the game if you can find out who...therefore if enough damage was incured by the park, they would either erect a barrier, or more likely, just prohibit ball playing in the park....


That's my view...

steve

slickshift 04-24-2006 08:44 AM

Actually, it's the city
They have insurance for exactly this sort of thing
It happens all the time

If the city insurance company has to pay out too much, they tell the city to build a higher fence, or raise their rates, or whatever

It's no big deal really, you can go to the city directly, or they may want you to go through your insurance co.
If you contact your ins. co., they will more then likely contact the city ins. co., and get the money from them

Some cities are better than others about this
Some need some "lawyering" to pay up

RYANINMICHIGAN 06-01-2006 01:11 PM

In Michigan golfers and golf courses are not liable for property damage by stray balls. It is your problem for living on the course.

THEBIGPUNN 06-01-2006 03:50 PM

in michigan its called inherent risk. same if you are at a MLB baseball game and get hit in the gord by a fly ball from Bond's baseball bat...there is no recourse against the stadium or Bonds. however, with the park scenario it wouldnt be the city's fault or issue to resolve. you cant build a fence high enough to guard against everything that could happen in this world. its a civil issue. in court a civil judge would find the person that hit the ball responsible for the damage. of course how many times will that person stick around! my advice, have your home owners insurance paid up and second dont buy a house near an established ball field!

joasis 06-01-2006 05:45 PM

If the park were established after the homes were built, it would clearly be the responsibility of the city. If the park was there first, then homeowner beware. I would suppose the HO's insurance would be tapped, and let them decide the recourse.


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