Baseball thrown thorough our van window

[Twinmom1212]

Washington State
Yesterday while we were at our son's baseball game a child in another field was practicing throwing the baseball and he threw the ball right through one of the windows on our custom conversion van. It will probably cost over $300 to fix. Is the child's parent liable? Is the field liable?
Or is it just our tough luck because there is an implied risk as the child's father says?
Please someone answer this.

 

[I AM ALWAYS LIABLE]

Washington State
Yesterday while we were at our son's baseball game a child in another field was practicing throwing the baseball and he threw the ball right through one of the windows on our custom conversion van. It will probably cost over $300 to fix. Is the child's parent liable? Is the field liable?
Or is it just our tough luck because there is an implied risk as the child's father says?
Please someone answer this.

My response:

The child's father is correct. You assumed the risk by parking where baseball was being played and practiced.

Where, by virtue of the nature of the activity and the parties' relationship to the activity, the kid, nor his father, owed any legal duty to protect you or your van from the particular risk of harm that caused the injury (so-called "primary assumption of the risk"), you, as the plaintiff, would be completely barred from recovery.

This type of assumption of the risk, in which the kid's conduct did not breach a legal duty of care to you, has nothing to do with comparative negligence, and is a complete defense. [Knight v. Jewett (1992) 3 Cal.4th 296, 308-309, 11 Cal.Rptr.2d 2, 9-10; see Cheong v. Antablin (1997) 16 Cal.4th 1063, 1068, 68 Cal.Rptr.2d 859, 862; Ford v. Gouin (1992) 3 Cal.4th 339, 11 Cal.Rptr.2d 30]

Sorry.

IAAL

[Edited by I AM ALWAYS LIABLE on 04-22-2001 at 05:12 PM]