Go Back   DIY Chatroom Home Improvement Forum > The Break Room > Off Topic

CLICK HERE AND JOIN OUR COMMUNITY TODAY...IT'S FREE!

Reply
 
Thread Tools Search this Thread Display Modes
Old 04-18-2006, 09:21 PM   #1
Member
 
Join Date: Mar 2006
Posts: 2,083
Rewards Points: 1,000
Default

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

redline is offline   Reply With Quote
Old 04-18-2006, 10:21 PM   #2
Home Improvement Guy
 
ron schenker's Avatar
 
Join Date: Jan 2006
Location: ontario, canada
Posts: 351
Rewards Points: 250
Default

Who is at fault?????


Is this a trick question?

ron schenker is offline   Reply With Quote
Old 04-18-2006, 11:28 PM   #3
A Builder & Plumber
 
Join Date: Apr 2006
Location: Farmville, VA
Posts: 25
Rewards Points: 10
Default

Who is at fault?????


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) 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.
Oldman is offline   Reply With Quote
Old 04-19-2006, 08:55 PM   #4
Member
 
Floorwizard's Avatar
 
Join Date: Dec 2003
Location: Alaska!
Posts: 1,522
Rewards Points: 1,000
Default

Who is at fault?????


burdon of proof.

need more info.

do you know who it was?
any whitnesses?
Floorwizard is offline   Reply With Quote
Old 04-20-2006, 04:22 PM   #5
Member
 
Join Date: Mar 2006
Posts: 2,083
Rewards Points: 1,000
Default

Who is at fault?????


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?

Last edited by redline; 04-20-2006 at 04:28 PM.
redline is offline   Reply With Quote
Old 04-20-2006, 04:59 PM   #6
Newbie
 
Join Date: Apr 2006
Posts: 7
Rewards Points: 10
Default

Who is at fault?????


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
SDeeter19464 is offline   Reply With Quote
Old 04-20-2006, 08:48 PM   #7
Member
 
Floorwizard's Avatar
 
Join Date: Dec 2003
Location: Alaska!
Posts: 1,522
Rewards Points: 1,000
Default

Who is at fault?????


Great,
now the parks will be fenced in like bird sanctuaries after that lawsuit
Floorwizard is offline   Reply With Quote
Old 04-22-2006, 09:12 AM   #8
Member
 
Join Date: Mar 2006
Posts: 2,083
Rewards Points: 1,000
Default

Who is at fault?????


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?

???
redline is offline   Reply With Quote
Old 04-22-2006, 09:42 AM   #9
Newbie
 
Join Date: Apr 2006
Posts: 7
Rewards Points: 10
Default

Who is at fault?????


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
SDeeter19464 is offline   Reply With Quote
Old 04-24-2006, 09:44 AM   #10
Tired, Cold, and Damp
 
slickshift's Avatar
 
Join Date: Aug 2005
Location: Cape Cod
Posts: 3,089
Rewards Points: 2,000
Default

Who is at fault?????


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
slickshift is offline   Reply With Quote
Old 06-01-2006, 02:11 PM   #11
Member
 
Join Date: Jan 2006
Posts: 74
Rewards Points: 75
Default

Who is at fault?????


In Michigan golfers and golf courses are not liable for property damage by stray balls. It is your problem for living on the course.
RYANINMICHIGAN is offline   Reply With Quote
Old 06-01-2006, 04:50 PM   #12
Member
 
Join Date: Sep 2005
Posts: 71
Rewards Points: 75
Default

Who is at fault?????


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!
THEBIGPUNN is offline   Reply With Quote
Old 06-01-2006, 06:45 PM   #13
General Contractor
 
joasis's Avatar
 
Join Date: May 2006
Posts: 876
Rewards Points: 500
Default

Who is at fault?????


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.

joasis is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Dishwasher and ground fault toolsnstuff Appliances 10 06-18-2007 09:14 PM
Arc Fault Trouble Shooting michael byrnes Electrical 4 06-13-2007 05:24 PM
HELP with Arc Fault Circuit Interruptors! samf Electrical 3 11-24-2006 11:56 AM
bid low...my fault or contractors bslcallen Building & Construction 10 09-29-2006 08:46 AM




Top of Page | View New Posts

Copyright © 2003-2014 Escalate Media. All Rights Reserved.