Legal Question in Entertainment Law in Massachusetts

Baseball hit from public field damages passing car

My husband was pitching baseballs from the pitcher's mound to my son who was standing in the batter's box. My other son was fielding the balls. They were practicing on a public field in our town during the early evening hours when the field is open to all town citizens. My son hit a ball that went into the street and hit a passing car. Today we received a letter from the insurance company representing the person who owned the damaged car stating that we or our insurance company are legally responsible for the damages. Is this true?


Asked on 5/10/01, 9:00 pm

1 Answer from Attorneys

Thomas Workman Law Offices of Thomas Workman

Re: Baseball hit from public field damages passing car

If you do any action that damages the property of another, or injures someone else, you can be charged with a crime if the act is intentional. For example, if you are hitting golf balls, and you aim for a plate glass window in a nearby home, and you eventually hit a golf ball through it, you can be charged with the crime of malicious destruction of property. If the damage is an accident, you cannot be charged with a crime, but you are responsible for the damage. If you have homeowners insurance, you should check to see if you have coverage, in any event, check with your insurance agent to see if you are covered under any of your policies. There is no exception that permits golfers or baseball players to hit cars, and not be responsible, at least not a statewide exemption. Local ordinances may apply, and it is best to contact an attorney if you are being sued. Follow his of her advice, as they have examined the situation in detail, and may have other facts that make a big difference, which you may not have thought to mention here.

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Answered on 6/21/01, 6:39 pm


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