Baseball hit windshield- who is responsible????

[dollardays]

I live in Ohio.

Sunday afternoon during a birthday party for my daughter, two kids were playing ball across the street. A baseball hit by one shattered my son's cars windshield. The car was parked legally in front of our house, on the street.

My son was able to get the boy's name and phone number. He filed a police report the next day. My insurance company says that the boy's parent's homeowners insurance is responsible for paying the bill. ($310.00)

The windshield was put in today and my son paid them. His comprehensive insurance has a $500 deductible so he is out $310.00.

It turns out that the boy attends my church and I know his parents. The mother says that her insurance company told her they were not responsible as it happened at a public park.

WHO is responsible. My next call will be to the Parks and Recreation Dept., but since it wasn't a game sponsored by them- they will probably say that THEY are not responsible.

Is small claims the next step?

Any help greatly appreciated.

 

[ALawyer]

This is a classic question, and as the law varies from state to state, and often very fact dependent (did you know or should you have known there was a baseball game to be played? Was the hit usual or unusual? In other words, it is hard to answer. Few Ohio lawyers would know, and I am not an Ohio lawyer.

If you sue the kid's parent's in small claims court -- or send a lawyer's letter -- they will likely notify their homeowners insurance company, and that might get you some of the money back.

 

[I AM ALWAYS LIABLE]

I live in Ohio.

Sunday afternoon during a birthday party for my daughter, two kids were playing ball across the street. A baseball hit by one shattered my son's cars windshield. The car was parked legally in front of our house, on the street.

My son was able to get the boy's name and phone number. He filed a police report the next day. My insurance company says that the boy's parent's homeowners insurance is responsible for paying the bill. ($310.00)

The windshield was put in today and my son paid them. His comprehensive insurance has a $500 deductible so he is out $310.00.

It turns out that the boy attends my church and I know his parents. The mother says that her insurance company told her they were not responsible as it happened at a public park.

WHO is responsible. My next call will be to the Parks and Recreation Dept., but since it wasn't a game sponsored by them- they will probably say that THEY are not responsible.

Is small claims the next step?

Any help greatly appreciated.

My response:

You said - -

"It turns out that the boy attends my church and I know his parents." Okay, but so what? What does this "fact" have to do with liability, or anything? Please explain.

After telling us the pertinent facts, you have barely mentioned that there was a "park" near your home. Do you live "across the street" from a park? I want to know more about how this park is situated to where your son's car was parked (remember, we don't know about it, and we can't see your neighborhood, so write us a description).

Were there fences around the park? Has anything, e.g., a baseball, frisbee, golf ball, volleyball, basketball, or football, ever left the boundaries of the park and been found in your street prior to this incident?

Also, were the boys playing at the park, and if so, were they playing the game of baseball, or were they just hitting balls? (i.e., it wouldn't matter if it was a sponsored game or not).

IAAL

 

[dollardays]

In Response to I am Always Liable Questions

I Am Always Liable said:

"It turns out that the boy attends my church and I know his parents." Okay, but so what? What does this "fact" have to do with liability, or anything? Please explain.

This fact affects how I will handle the situation. I live in a small town-6000 or so people. These people are respected in the community and I had assumed, responsible, as she is a deacon in our church. After speaking with her on the phone, I have doubts that she is willing to assume any liability for her son's actions. What I do next could affect our standing in our church, etc. Although she is not a "friend", she is a part of the "church family".

After telling us the pertinent facts, you have barely mentioned that there was a "park" near your home. Do you live "across the street" from a park? I want to know more about how this park is situated to where your son's car was parked (remember, we don't know about it, and we can't see your neighborhood, so write us a description).

Were there fences around the park? Has anything, e.g., a baseball, frisbee, golf ball, volleyball, basketball, or football, ever left the boundaries of the park and been found in your street prior to this incident?

We have lived across the street from this park for six years. It is used strictly for kid's softball games. Baseball is played only on the far diamonds which are next to a field. The two boys were just hitting baseballs back and forth to each other from what I could tell. I would guess the diamond is about fifty yards from where my son parks his car. This is the first incident of any kind that we have witnessed which caused any damage to anything. The park is fenced. There is a regular batting cage, but I don't believe they were using it-although I can't say for sure... There is parking across the street for people who attend games. My son's car was parked where it always is, next to the curb, in front of our house, which is directly across the street from the diamond. The home plate is located so that batters hit AWAY from the neighborhood.

Once in awhile a softball will roll into the street from a foul ball, but they have never come close to our house.

Hopefully I've answered the questions and I would really appreciate hearing your response.

 

[dollardays]

Happy Ending!!!

I wanted to let everyone know what happened with this in case it ever happens to someone else.

My son received a check for the full amount of the replaced windshield after the child's parents turned the bill into their homeowners insurance company.

While I don't know if this is true in all states- if your car is damaged by a child or even another person it turns out that the person IS LIABLE.

Thanks!

 

[I AM ALWAYS LIABLE]

My response:

Congratulations. However, the payment they made to you doesn't mean there was any "liability" or that they are admitting fault.

What it means is - -

1. It was such a small amount, it's not worth the time to argue about; and,

2. It's a "keep the peace between neighbors" payment.

That's all. Nothing more.

IAAL