Legal Question in Civil Litigation in Pennsylvania
Softballs hitting house and property
My property is the center field for a church's softball field. Although the church has hung netting to ''try'' to keep the balls from hitting my house and landing in my yard, the balls continue to land inside my fenced property. Last year, a ball missed hitting me by approximately 12 inches. Efforts have been made to ask the church to cease playing men's softball, but the church believes that they have every right to continuously risk property damage and/or personal injury. The church council pastor has stated that I shouldn't have bought the house knowing there was a field. The house was constructed prior to the field definition, but I didn't live in the house at that time. Is there any legal stand I can take to stop the constant fear of pet injury, personal injury,and/or property damage? One ball is too many, but I have counted 17 in one season and 18 in another. HELP!!!
2 Answers from Attorneys
Re: Softballs hitting house and property
Well, the question is it a nuisance or trespass. It could go either way.
The pastor is saying you came to the nuisance. That the presence of the field was adequate notice. I would disagree the field alone doesn't give notice who plays there could be a girl's softball team or a men's softball team. Unless they were playing when you looked at the house how would you know.
As to what can you do about it you could sue the church to stop them from holding men's softball games. How successful that would be depends on more things then I can discuss here.
A better approach might be trying to talk to the church elders. At least give them a chance before taking them to court.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: Softballs hitting house and property
It's trespass or nuisance. I would argue that just because you arguably had notice that the field was there before you bought the property, that doesn't give anyone license to continuously trespass or cause a nuisance.
In addition, should you suffer any damage, they would be responsible for it. You should explain this to some higher-ups in the church to see if you can get a solution...like them building a fence that's high enough to stop their balls from flying onto your property.
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