Legal Question in Civil Litigation in North Carolina
I play recreational softball on the weekends, I am 22. Back in March, I accidentally hit the pitcher with the ball after batting causing him an injury. It hit him on the forehead, had to go to hospital and have stitches. I learned next day that he was doing fine, and out of hospital. Four months later I receive a call from his attorney telling me that I am being sued for 20, 000.00 for medical bills and lost time from work. I do not have that kind of money. I just don't understand. I have been injured before myself when playing and never crossed my mind to sue. I figured that is a risk we all take when we choose to play recreational ball. Should I get a lawyer? I am being told to not worry, ignore it, it won't fly in court, I just don't know...
2 Answers from Attorneys
The advice you have been getting is right...this is a joke. Unless there is more to the story, an injury obtained in sports when everyone is acting in the normal occurrence of the sport is protected by the consent of all parties. Unless you were doing something outside the confines of the sport, you are protected.
For instance,, if the pitcher throws the ball and you bat it back to him, you are not liable for his injuries. If you take the bat and hit him over the head, you have acted outside the rules of the sport and you are liable for his injuries.
I recommend you contact and attorney and have him write a letter to the other attorney to back off.
This claim really does sound baseless. Unfortunately a player in the field assumes the risk of injury from a batted ball. As a former rec league softball player I note the inherent risks of the game and they are no secret. You should immediately contact your homeowners' or renter's insurance company and advise them of the lawsuit to see if they can provide you a defense (which would mean you pay no attorneys fee) and coverage for this claim.
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