Legal Question in Personal Injury in California

"Hi,

I hit a foul ball during a coed softball game and the ball happened to hit a car and dent the hood. The owner of the car was playing in the same game but was on the other team. At least 2 or 3 foul balls are hit into the parking lot every game so the owner should have known not to park there since the owner has been playing at that park for a couple of seasons. The owner is now taking me to small claims court. Am I at fault? Is there any assumption or risk?


Asked on 7/27/12, 2:47 am

2 Answers from Attorneys
Robert Worth Robert J. Worth , Professional Law Corporation

It would be assumption of the risk just the same as being hit and injured by a foul ball and incurring hospital/medical bills is the risk of participating in a sporting activity. This has been decided by case law in the courts in CA. I hope this helps. Bob

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Answered on 7/27/12, 8:26 am
Edward Hoffman Law Offices of Edward A. Hoffman

I'd say the other player assumed the risk his car would be hit by a foul ball. Barring some unusual facts (for example, if you hit his car intentionally), you should win the case.

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Answered on 7/27/12, 12:39 pm


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