Legal Question in Entertainment Law in Pennsylvania

Baseball

I was wondering if there are any rules that pertain to foul balls hit. I was playing baseball at a local baseball field and I hit a foul ball. It went over the fence to the right of the field and hit a parked car. The owner of the car was standing outside and saw the accident. He was angry and called the cops. The cops said that it was a civil case, and I would have to go to the magistrate. Is it possible that I would have to pay for hitting his car. It is only a small dent in the car. The owner of the car said it is new and he did not want to have anything wrong with the car. Thanks for the help.


Asked on 5/29/07, 11:19 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Baseball

You asked about liability for a foul ball.

You probably will have to go in front of a magistrate if you are sued. But you probably will not have to pay damages. Specifically as to whether you will have to pay depends on a lot of variables.

If the field is an official field (run by an organization) then that organization should either have a waiver or insurance to cover such incidents. If you are under 18 years old, then likely the case cannot be brought against you until you are 18 and then, hopefully, the car will be more dinged up than it is now. Also, did the person ever go to that field, or even a baseball game, before and have reason to know that a foul ball could strike? A car is different than say breaking window on a home. The car owner had a choice of where to park and he "brought" his vehicle to the "nuisance". A homeowner on the other hand usually is subject to balls hit from pickup games and the reverse is true. That the nuisance is brought to the homeowner.

Oddly, I saw a question here a while back where a person built a new home next to an existing ball field and wanted to know if s/he had any right to demand they stop playing ball because they kept hitting his/her house.

It will also matter if the magistrate is a fan of baseball or other organized sports (it shouldn't, but it does).

Just put up a tough fight and make the car owner earn the money if he is going to pursue it.

Regards,

Roger

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Answered on 5/30/07, 8:59 pm


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