Legal Question in Entertainment Law in New York

I live across from a high school baseball field, if a ball flies across the street and does damage to my property who is responsible?


Asked on 4/12/11, 4:41 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Generally, the laws states that an owner of a field may be held liable if it failed to take reasonable care in the maintenance and use of its property to prevent foreseeable injury that might occur on adjoining property by failing to take precautions in design and location in the form of play or in the erection of protective devices as a safeguard against injury to the plaintiff's property (Gellman v. Seawane Golf & Country Club, Inc., 24 A.D.3d 415, 805 N.Y.S.2d 411 N.Y.A.D. 2 Dept.,2005).

If this is the first time a ball damaged your property, then the high school would not be held responsible unless it reasonably knew that a ball would damage your property. However, you may be able to submit a claim to your insurance carrier for the damage.

Mike.

balls (golf balls or baseballs) that invade a property with frequency an

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Answered on 4/13/11, 5:22 am


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