So in fact this is your fault - had you spent more time teaching him to hit, this never would have happened!:wink0st:
Foul Ball Breaks Windshield - Who Pays?
- Thread starter ICCYFAN
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So in fact this is your fault - had you spent more time teaching him to hit, this never would have happened!:wink0st:
Thanks everybody! Here's my planned course of action:
1) Per counsel from SuperCy, I will not return his calls until he's left at least three messages. Let's see how hard he wants to work for this...
2) If he's persistent and I do eventually speak with him, I'll tell him per counsel from the CF staff attorneys, I have no legal liability to pay for his windshield.
3) If he reiterates his demand for an insurance claim, I'll inform him the CF staff claims adjustors have counseled that his nuissance claim will be denied, thus I'll not turn it in.
If he attempts to pursue a small claims court action, I'll make certain it's as inconvenient as possible for him (accident ocurred in Cedar County) and I'll hit him with a baffling array of legalese. He'll be sorry he was born...
Take care and thanks to all for your interest!
That's harsh, especially coming from a man with your skills. Remember the warm-up throw that drilled you between the eyes (over the top of your outstretched glove)? I do; why didn't you sue Kendall's parents for the throw you missed? :wink0st:
P.S. Schriner is a long-time board lurker who just happened to be a college roomy and best man at my wedding. He's a dead ringer for Martin Mull, only fatter...
screw him. I wouldn't pay it. The burden of proof is on him. Maybe it was your son's foul ball maybe it wasn't. He bears no responsibility for parking close enough to get hit (allegedly)? I've been to hundreds of baseball games and never heard of such a situation.
If possible, record the messages and phone calls.
Not only for documentation purposes, but to upload to a site for CF member humor!
Not only for documentation purposes, but to upload to a site for CF member humor!
And who says his window wasn't already dinged up? I smell a d-bag arse monkey looking to get over on a clone.
- Mar 23, 2006
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Contact whichever organization runs the league and inform them of what happened. The leagues my kids play in are run by City Rec or YMCA or the local U of W and the organization should either have past experience in these situation or have an insurance policy to cover such accidents on their property. Always pass the buck higher up the food chain, so I would direct the guy that was stupid enough to park close to the field upwards towards league organizers.
Actually I would not do that, they may pay it off just to save the hassle. The point is, this guy was at fault for parking next to a baseball diamond. Just ignore it until he finally gets ticked and fixes it himself. He will soon realize it is not worth the hassle for $250-$300. I count my free time as $50/hr, if it takes me longer than 5 hrs to try and get your $$, I lost. If it were me, I would just pay it and spend the other 4 hrs drinking beer on my deck!
Going back to the rock/truck question, I know several people that work for a delivery company. After talking to them, they said they were in the clear as long as the load was covered. If it is covered and rock still comes off the they are not at fault. They have been called several times about rock coming off the road and they have never had to pay. They did go to court a couple times over their 50+ years of operation.
It was a tournament put on by West Branch baseball, which is sponsored by the American Legion. I'm not going to dump on the tournament organizer or the poor old veterans at the Legion. I'd like to be invited back next year!
It just now occured to me that the team purchased a $65 liability policy thru Eastern Iowa Baseball / USSSA. If he pushes the issue, I'll turn it over to them. Of course we'll have to change the team name and somebody else will have to purchase the policy next season, but it's a possible solution if diplomacy fails. I'm sure they'll have experience with this issue...
If I were on the opposing team of your son's I would sue the guy who parked the car. A foul ball is part of the game in baseball... and if I catch a foul ball your son hits... that's an out. That guy parked his car on the playing field and ruined any chance of getting your son out on a caught foul ball.
Dumb joke aside... it illustrates the point that everyone saying he took the risk when parking his car there... so it's his fault. Foul balls are part of baseball... hence there's a term for when you hit one.
If a pitcher at the baseball game gets a line drive to his knee cap and has to go to the hospital... does the batter have to pay medical expenses? No... because when you go to a baseball game... you can't predict where the ball's going to go and anything in the area is at risk of being hit.
Dumb joke aside... it illustrates the point that everyone saying he took the risk when parking his car there... so it's his fault. Foul balls are part of baseball... hence there's a term for when you hit one.
If a pitcher at the baseball game gets a line drive to his knee cap and has to go to the hospital... does the batter have to pay medical expenses? No... because when you go to a baseball game... you can't predict where the ball's going to go and anything in the area is at risk of being hit.
True except when you have someone else hit your vehiicle in a lot by side swiping, drunken drining, or shortcutting. I have had an innocently parked vehicle hit three times and it is old. The last one was a drunk guy driving a company truck illegal. 1200 bucks damage.
Golf balls are another story. Those incidents might be tagged to the golf course operators. I have had a broken window with a golf ball and that can wake you up.
I also had three windshields damaged driving the interstate since they took years to build and the rocks were large.
Did you actually see the broken window?
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You guys are all wrong about whose fault it is..... It's George Bush's fault. Everything is his fault.
Seriously though, to use a golf phrase, it's the rub of the green. I'd tell him to pound sand
Seriously though, to use a golf phrase, it's the rub of the green. I'd tell him to pound sand
- Mar 23, 2006
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I agree with you there, but if the guy won't drop it and it possibly escalates, then I would direct him to the league/tournament organizers. This is just what I would do to cover all of my bases.
Don't pay him anything. He can file it with his auto insurance carrier and they will pay for the damages, and if they think its worth it, they will subrogate against you.
He assumed the risk by parking near a baseball diamond, where a reasonable person would realize the risk.
He assumed the risk by parking near a baseball diamond, where a reasonable person would realize the risk.
