Legal Question in Personal Injury in California

Is the driving range liable for damages its ball cause that fly over the nets - range says no beacause they have nets and signs saying do not hit drivers - our car has $1900 of damage - range will not pay -- it says give me documentation that shows they are liable...Lynn Odland


Asked on 3/28/11, 5:01 pm

2 Answers from Attorneys

Steven Kuhn Steven Kuhn

You have not provided enough information. Where did you park your car? Were there signs saying park at your own risk? Just because they have signs that say do not hit drivers this is not enough to prevent them from liability. They need to stop people from hitting drivers or make the net higher. Take them to Small Claims court for the damage to your car.

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Answered on 3/28/11, 5:14 pm
Tony Carballo Carballo Law Offices

I totally agree that you should take the case to small claims court and let the judge look at the circumstances and take photographs and the estimate of damages. It is your burden to prove that the driving range management was negligent by not reasonably protecting the persons and vehicles in the parking lot. If you knew or should have known of the danger of getting hit by the balls where you parked then you will be deemed to have assumed the risk of being hit by the balls. Assumption of the risk would be defense to your lawsuit and you will lose the case. The facts of the case will determine whether or not you win or lose as in most cases.

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Answered on 3/28/11, 6:15 pm


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