# Who is liable or negligent?



## Erirku (Oct 5, 2004)

I just want some of your thoughts and opinions about a situation I had recently. On my college campus. There is only one parking structure that most of the students use to park their cars. Well, there is this road with speed bumbs and is inbetween large fields, used for all types of sports. For the one and half years that I have been going to school I had no incident. Recently, while driving on the road to leave the campus. A yellow womens softball hits my hood, making a huge dent the size of a golfball. I'm in my car bewildered to what had hit my car. I stopped and parked my car not knowing what had happened. Someone in the stands yelled that a softball had hit my car. I'm like, "oh S***!". I'm all pissed off at the situation and someone has to pay for my damages. Not knowing what to do, I called the cops. The campus security comes down after the 911 operator calls them . Then this bone head, who has no respect and empathy on the situation explains that there are signs placed all over the roadway. For one, I have never noticed these stupid signs while going to campus. Second of all, I was not "parking at my own risk", and I did not want to "proceed with caution, foul ball area"!!! Then the security guard has the nerve to say that he went with what I had just happened to me and that I'll lose the case. So I'm stuck to what I can do. All, that is left is for me to file a claim with the school to see if they will pay for the damages. So I want everyone's thought and opinions to this situation. I'm just lost for words. This was not a "natural disaster". The one thing that pisses me off, is when other bystanders are thinking I'm wrong and I should just deal with it. First off, place yourself in my position. I may not drive a fancy "Mercedes" but I sure treat my car like one.


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## Markalot (Feb 14, 2007)

> For one, I have never noticed these stupid signs while going to campus. Second of all, I was not "parking at my own risk", and I did not want to "proceed with caution, foul ball area"!!! Then the security guard has the nerve to say that he went with what I had just happened to me and that I'll lose the case


Your insurance will pay, but you'll have to meet the deductible which is probably more than the repair. In my opinion you're looking too hard for someone to blame. Parking lots next to ballfields are risky areas and I for one don't want to increase the liability for people playing softball.

So in other words you were negligent in not reading the signs and understanding the risk. Sorry.


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## Amazon_Replica (Nov 24, 2007)

Yea, Its a crappy situation all around. Imo bite the bullet, fix it yourself and try to avoid driving in that area during games. Sorry


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## Robert Hudson (Feb 5, 2004)

I tend to agree with you. Your car was hit while you were driving, not parked. What if it caused an accident? What if it went thru the window and hit you in the head? Or what if a child or infant was in the car? I'd be pretty pissed off too. I would talk to someone at the school admin and tell them you want the school to pay you for the damages.



> So in other words you were negligent in not reading the signs and understanding the risk.


Common.. "don't drive on this road because you might get hit by a softball " Thats ridiculous. Forget the stupid security guard. Go after the school. They are liable. They have liability insurance. Bring them to small claims court.


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## Brilliant (Jun 25, 2006)

Hi,

One time when I left my grandparents house my car was struck by a golfball. Their house is next to a golf course and main road has golfcart track next to it. I am very protective of my car but what can you do? I simply waved to the people and told them their ball was history...

You need to relax. Please dont take this personal. 

I wont even begin to comment on the other post.


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## geministudios54 (Mar 27, 2005)

They ARE liable! My buddy had his back window broken by a baseball while he was parking his car. School paid for all the damages. Didn't even get to court!!!...Robert Hudson is without a doubt ---'correct'. Go after them..


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## BryceM (Nov 6, 2005)

Funny thing, how people can see the same thing so differently. My guess is that if you want to make a big deal out of it, the school will probably offer to cover the cost to get the issue to "go away".

Personally, I think this is a live & let live sort of issue. If someone was intentionally trying to hit your car, that's different. Nobody can design a ball park that's affordable, asthetic, and 100% certain to be perfectly safe. Stuff happens. They're called accidents. Fix the car (or don't) and move on. Life is too short to run around demanding justice for everything that happens. Someday you'll probably do something that causes someone else heartache or grief. If that sad day ever happens you'll be much less anxious to see that justice is served. 

Somehow a dent on a car, even if it's a Ferrari, doesn't seem like something worthy of so much energy & attention.


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## Erirku (Oct 5, 2004)

After the accident, I don't really mind the dent. I have sucked it up and just have not wantd to go and pursue it. I have other things that need to be finished. I'll make a claim against the school and see what they have to say. If I don't get awarded anything, I'm gonna move on. I'm cool with it. Its just a car and I'm lucky it was not me or anyone else.


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## ponyrandy (Jan 13, 2007)

On a similiar note, I was watching a "People's Court" type show one day and a similiar case came up. A man lived on a golf course lot and he and his family were sitting in the house one afternoon when a golf ball came crashing through the window. The golfer didn't want to pay for his window so he took him to small claims court. My first reaction was why didn't the golfer just pay for the window since he broke it and save from going to court. To make a long story short, the golfer won and didn't have to pay for the window. Legally, as the judge explained, when you live on a golf course lot, you have to expect stray balls, it is just part of living on a golf course. The golfer didn't intentionally break the window, it was just what happens when you play golf and the house just happened to be where his stray ball went. The road with the signs is the same thing. The school gave due notice that if you drive down this road or park in the lot, there is a chance of getting hit by a ball. Not reading the signs is kind of like telling a police officer that you didn't see the speed limit sign so therefore you can't be sighted for speeding. On the other hand though, I am on your side. Ethically, the batter should want to repair the dent since he caused it, even though legally he doesn't have to. Even an offer of $50 to cover damages would have probably been acceptable to you and everyone would have gone away without hard feelings. But, chances are even if he would have paid for the dent you (and me) would never take the time to have the dent repaired because it just wouldn't be worth the time or trouble of being without the car, so we would just continue to drive it with the dent, just like you are doing now. As a side note, wait for a hot summer day when the sun is bearing down on the car in the heat of the afternoon and place a couple of ice cubes in the dent. This won't take out the dent, but it usually helps as the cold ice contracts the expanded metal and makes the dent less apparent.
Brian


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## goalcreas (Nov 20, 2006)

Most of the places I play golf that are surrounded by houses, there are signs posted all over the course that "Golfers are responsible for damages caused by stray balls"

I suppose that if that were the case in the People's Court / Judge Judy show that you saw, then the Golfer in fact would have been liable for the damaged window.

Anyways, Erirku, Sorry about the dent, it sucks, but you are doing the right thing, pursue it but don't make a big deal out of it no matter what happens.

I suspect, if you present it to the school as a request other then a summons, you might be surprised by what they may do for a student.
Make sure you talk to the highest ranking employee you can, all the way up to the Deans offices to get your point across.
You see what happens when you talk to the lower level employee like a security guard, nothing, but the higher up you go, the more authority they have and the more control they have over the outcome.


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## longhornxtreme (Feb 20, 2007)

IANAL, this is not legal advice.

I would harp on the issue that you hadn't parked at the field, that you were not a spectator of the game / practice, that you had not expressly or impliedly assumed the risk that your car would be hit by an errant baseball. 

But keep in mind that hiring a lawyer and bring suit will likely cost much more than just simply paying the deductible on your insurance policy.


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## goalcreas (Nov 20, 2006)

I would think this to be small claims court, no lawyers most likely.


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## longhornxtreme (Feb 20, 2007)

_I am not a lawyer. This is not legal advice. Always consult a licensed attorney in good standing in your jurisdiction for legal advice and legal services. 
_
Possibly no lawyers... I just see a lot of complexity in whether the ball park was even negligent to begin with let alone whether they have an assumption of the risk defense...

Lot's of complex issues... Yoneda v. Tom 110 Hawai'i 367, 133 P.3d 796 Hawai'i,2006.


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