Legal Question in Personal Injury in Michigan

Re: Leg Injury during baseball

You are posing a difficult question. The first issue that comes to mind is whether the owner of the baseball field is protected by the Recreational Use Statute, Wis. Stat. sec. 895.52. The statute provides that no owner of property used for recreational activities has a duty to keep the property safe for recreational activities, has no duty to inspect the property, and has no duty to give warning of an unsafe condition. An exception to the immunity provided by the statute is for organized sports activities sponsored by the owner of the property on which the activity takes place. Unless your brother's situation falls within that exception to the rule of immunity, he may be barred from recovery. Irrespective of the recreational use statute, your brother may have a difficult time recovering compensation because of his potential contributory negligence. If it were determined that your brother was more at fault in causing his injuries than the owner of the field, your brother would not be able to recover compensation for what happened. Irrespective of the negligence issues, the only way that the medical bills might be covered by the owner of the field would be if the owner had an insurance policy in effect at the time of the injury that contained a medical payments coverage that would pay medical bills to a certain limit for anyone injured on the property, irrespective of fault. There is a three-year statute of limitations for filing a case for personal injury in Wisconsin. If the recreational immunity statute does not apply and if your brother were determined to be less at fault than the owner of the field, your brother would have to file a case within three years of the date of his injury if he wished to pursue the claim against the owner of the field and/or his insurance company.