If 2 teams are playing a softball game on an athletic field and 1 team hits a homerun, over the fence breaking a car window. is the softball team/league liable?

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If 2 teams are playing a softball game on an athletic field and 1 team hits a homerun, over the fence breaking a car window. is the softball team/league liable?

Asked on June 10, 2014 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It depends on where the car was at. If the car was parked near the field, then probably not; it is a known risk that parking near a field could result in a ball, etc. hitting a car, and by parking near the field, the driver would likely be held to have "assumed the risk" of damage. ("Assuming the risk" means basically accepting the consequences.) On the other hand, if the car was in a private driveway, then since people do not "assume the risk" of damage while in their own driveways, so that case, there well may be liability. However, the liability may attach to the actual batter--the person who did the damage--and not the league more generally.


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