If a neighbor slips on one of your balls in his backyard, are you liable?

[jinduy]

let's say i have a tennis court in my backyard and i hit a ball to my neighbor's yard. my neighbor then accidentally slips on the ball and gets a concussion.

would i be liable for big bucks?

edit: assume i have a tennis court in my backyard

 

[thescreensavers]

Well did you know it was there and leave it? Then maybe yes. But if unknowingly it was there and he slipped it still might be your fault, but I dont know anything

 

[guyver01]

this is why i dont keep my balls lying around.


as for being liable.. probably not. how can they prove it was your ball? do you monogram your tennis balls? Was the ball was there for days and you didnt say anything? might be neglegent if it is your fault.

 

[Phokus]

edit: nevermind

 

[lxskllr]

No, it's his ball. Prove otherwise ;^)

 

[Nik]

Yes. You are liable for personal injury that takes place on your property. That's why it's part of home owner's insurance.

You're even liable for injury if someone slips on an ice-covered public sidewalk in front of your house. You're responsible to keep the sidewalk clear, even though the city owns it.

 

[MrDudeMan]

Originally posted by: jinduy
let's say i have a tennis court in my backyard and i hit a ball to my neighbor's yard. my neighbor then accidentally slips on the ball and gets a concussion.

would i be liable for big bucks?

Originally posted by: Nik
Yes. You are liable for personal injury that takes place on your property. That's why it's part of home owner's insurance.

You're even liable for injury if someone slips on an ice-covered public sidewalk in front of your house. You're responsible to keep the sidewalk clear, even though the city owns it.

Hypothetical situation understanding fail.

 

[Jeff7181]

Originally posted by: lxskllr
No, it's his ball. Prove otherwise ;^)

This. If they can't find your DNA on it, it's his ball.

 

[jinduy]

assume that i have a tennis court in my yard

 

[guyver01]

Originally posted by: Jeff7181

Originally posted by: lxskllr
No, it's his ball. Prove otherwise ;^)

This. If they can't find your DNA on it, it's his ball.

It's X-type of ball... OP has 100 cases of X-type of ball in his back yard.

"more likely than not" i think is the phrase they use..

 

[Nik]

Originally posted by: MrDudeMan

Originally posted by: jinduy
let's say i have a tennis court in my backyard and i hit a ball to my neighbor's yard. my neighbor then accidentally slips on the ball and gets a concussion.

would i be liable for big bucks?

Originally posted by: Nik
Yes. You are liable for personal injury that takes place on your property. That's why it's part of home owner's insurance.

You're even liable for injury if someone slips on an ice-covered public sidewalk in front of your house. You're responsible to keep the sidewalk clear, even though the city owns it.

Hypothetical situation understanding fail.

"you" = neighbor

If some shitty little neighbor kids come running into my yard, slip and fall and hurt themselves, I am liable.

That's how it is here. It's not an understanding fail at all.

 

[IronWing]

Originally posted by: jinduy
let's say i have a tennis court in my backyard and i hit a ball to my neighbor's yard. my neighbor then accidentally slips on the ball and gets a concussion.

would i be liable for big bucks?

Did you scream "You've been served!" at him as the EMTs rolled him away?

 

[MrDudeMan]

Originally posted by: jinduy
assume that i have a tennis court in my yard

Without collecting some forensic evidence, they'd have nothing connecting you to the ball barring a witness or a confession. Assuming they connected the ball with you, I have no idea if you would be held liable, but my gut feeling is yes.

 

[sandorski]

I'm liable to be hunched over in pain.

 

[Jeff7181]

Originally posted by: guyver01

Originally posted by: Jeff7181

Originally posted by: lxskllr
No, it's his ball. Prove otherwise ;^)

This. If they can't find your DNA on it, it's his ball.

It's X-type of ball... OP has 100 cases of X-type of ball in his back yard.

"more likely than not" i think is the phrase they use..

Throw out X-type balls and buy Z-type balls?

 

[lxskllr]

We've seen similar here recently with downed trees. The downed tree became the persons property that the tree fell on. A tennis ball shouldn't be any different.

 

[MrDudeMan]

Originally posted by: Nik

Originally posted by: MrDudeMan

Originally posted by: jinduy
let's say i have a tennis court in my backyard and i hit a ball to my neighbor's yard. my neighbor then accidentally slips on the ball and gets a concussion.

would i be liable for big bucks?

Originally posted by: Nik
Yes. You are liable for personal injury that takes place on your property. That's why it's part of home owner's insurance.

You're even liable for injury if someone slips on an ice-covered public sidewalk in front of your house. You're responsible to keep the sidewalk clear, even though the city owns it.

Hypothetical situation understanding fail.

"you" = neighbor

If some shitty little neighbor kids come running into my yard, slip and fall and hurt themselves, I am liable.

That's how it is here. It's not an understanding fail at all.

Yes, it still is. You aren't addressing the situation in the OP at all. An item from person A's property was the cause of an accident on person B's property. You are claiming person B's home owners insurance will cover this and then citing completely irrelevant situations as parallels. "Shitty little neighbor kids" didn't trip on the ball. They hit the ball from their property onto yours and you slipped or vice versa. Totally different.

 

[IronWing]

Originally posted by: Nik

Originally posted by: MrDudeMan

Originally posted by: jinduy
let's say i have a tennis court in my backyard and i hit a ball to my neighbor's yard. my neighbor then accidentally slips on the ball and gets a concussion.

would i be liable for big bucks?

Originally posted by: Nik
Yes. You are liable for personal injury that takes place on your property. That's why it's part of home owner's insurance.

You're even liable for injury if someone slips on an ice-covered public sidewalk in front of your house. You're responsible to keep the sidewalk clear, even though the city owns it.

Hypothetical situation understanding fail.

"you" = neighbor

If some shitty little neighbor kids come running into my yard, slip and fall and hurt themselves, I am liable.

That's how it is here. It's not an understanding fail at all.

My ball.
Neighbor's yard.
Neighbor steps on my ball, which I had placed in neighbor's yard.
Neighbor injured.
Am I, as owner of said ball, but not said yard, liable for the neighbor's injury?
That is the hypothetical being asked.

 

[guyver01]

Originally posted by: Jeff7181
Throw out X-type balls and buy Z-type balls?

that's what i would do

altho most of the resident goody two-shoes here would no doubt say
"you can afford a tennis court, you did not properly play the game and collect your ball when it was hit, so you can afford to pay his medical expenses as well as a penalty for his pain and suffering"

 

[jinduy]

Originally posted by: Nik

Originally posted by: MrDudeMan

Originally posted by: jinduy
let's say i have a tennis court in my backyard and i hit a ball to my neighbor's yard. my neighbor then accidentally slips on the ball and gets a concussion.

would i be liable for big bucks?

Originally posted by: Nik
Yes. You are liable for personal injury that takes place on your property. That's why it's part of home owner's insurance.

You're even liable for injury if someone slips on an ice-covered public sidewalk in front of your house. You're responsible to keep the sidewalk clear, even though the city owns it.

Hypothetical situation understanding fail.

"you" = neighbor

If some shitty little neighbor kids come running into my yard, slip and fall and hurt themselves, I am liable.

That's how it is here. It's not an understanding fail at all.

but say i hit the ball to my neighbor's yard (went over the fence) and it landed in my neighbor's yard. the shitty kid runs around in his yard and steps on the ball and falls.

 

[IronWing]

Originally posted by: jinduy

Originally posted by: Nik

Originally posted by: MrDudeMan

Originally posted by: jinduy
let's say i have a tennis court in my backyard and i hit a ball to my neighbor's yard. my neighbor then accidentally slips on the ball and gets a concussion.

would i be liable for big bucks?

Originally posted by: Nik
Yes. You are liable for personal injury that takes place on your property. That's why it's part of home owner's insurance.

You're even liable for injury if someone slips on an ice-covered public sidewalk in front of your house. You're responsible to keep the sidewalk clear, even though the city owns it.

Hypothetical situation understanding fail.

"you" = neighbor

If some shitty little neighbor kids come running into my yard, slip and fall and hurt themselves, I am liable.

That's how it is here. It's not an understanding fail at all.

but say i hit the ball to my neighbor's yard (went over the fence) and it landed in my neighbor's yard. the shitty kid runs around in his yard and steps on the ball and falls.

That's a different question though. In the case of a third party injury, the third party would go after both of the first two parties (ball owner and yard owner) to recover anything they could. Nail ball owner for being negligent in leaving this dangerous device our where folks could be injured by it. Nail property owner for failing to keep their property free of such insidious devices.

 

[guyver01]

Originally posted by: ironwing
Nail ball owner for being negligent in leaving this dangerous device our where folks could be injured by it.

but did said ball owner take reasonable precautions... and did the injured party take possible precautions to prevent an accident?

you cant walk into a machine shop, stick your hand in the press, and sue for injury.

 

[MrDudeMan]

Originally posted by: guyver01

Originally posted by: ironwing
Nail ball owner for being negligent in leaving this dangerous device our where folks could be injured by it.

but did said ball owner take reasonable precautions... and did the injured party take possible precautions to prevent an accident?

you cant walk into a machine shop, stick your hand in the press, and sue for injury.

You probably could if they didn't have signs posted saying "No customers beyond this point" or something similar. I'm sure a lawyer has successfully presented that case at some point in time.

 

[jinduy]

Originally posted by: ironwing

Originally posted by: jinduy

Originally posted by: Nik

Originally posted by: MrDudeMan

Originally posted by: jinduy
let's say i have a tennis court in my backyard and i hit a ball to my neighbor's yard. my neighbor then accidentally slips on the ball and gets a concussion.

would i be liable for big bucks?

Originally posted by: Nik
Yes. You are liable for personal injury that takes place on your property. That's why it's part of home owner's insurance.

You're even liable for injury if someone slips on an ice-covered public sidewalk in front of your house. You're responsible to keep the sidewalk clear, even though the city owns it.

Hypothetical situation understanding fail.

"you" = neighbor

If some shitty little neighbor kids come running into my yard, slip and fall and hurt themselves, I am liable.

That's how it is here. It's not an understanding fail at all.

but say i hit the ball to my neighbor's yard (went over the fence) and it landed in my neighbor's yard. the shitty kid runs around in his yard and steps on the ball and falls.

That's a different question though. In the case of a third party injury, the third party would go after both of the first two parties (ball owner and yard owner) to recover anything they could. Nail ball owner for being negligent in leaving this dangerous device our where folks could be injured by it. Nail property owner for failing to keep their property free of such insidious devices.

darn you for dissecting my posts . i mean if the kid is the neighbor. i was just trying to make nik's setup relevant to mine.

 

[IronWing]

Originally posted by: guyver01

Originally posted by: ironwing
Nail ball owner for being negligent in leaving this dangerous device our where folks could be injured by it.

but did said ball owner take reasonable precautions... and did the injured party take possible precautions to prevent an accident?

you cant walk into a machine shop, stick your hand in the press, and sue for injury.

Sure you can. In fact, if you successfully smash your hand, you might have a good case that reasonable precautions were not in place as a mere member of the public was able to access the press and sustain injury.