Partly hypothetical....who would be responsible...

[Beth76]

Let's say a boy and his mother are in their front yard playing baseball. Mom is pitching to the boy and the boy is really whacking some of the baseballs pretty hard. Then let's say a teenage kid drives up and parks directly in front of the house/yard not 10 feet from where the mother and son are playing. Then lets say one of the baseballs gets whacked right into the window of the car that was placed there in the middle of the practice session. Who would be responsible for the damage?

 

[mytwotinks]

Even though it is kind of unfair, probably the mom and son. Kinda like when the teenager across the street from me parked right at the end of my driveway! Still my fault when I backed into his car, even though he did a stupid teenager thing.

 

[noodleknitter]

Mom and boy, as long as the car was parked legally, I would think. I don't see how it would be the driver's responsibility. Sorry!

 

[toystory1130]

If I were the mother pitching and I saw that there was a opportunity for my son to cause damage I would either have stopped or moved to the back yard. When my son hits in the backyard I always make sure he hits away from neighboring houses.

 

[The Mystery Machine]

A street is city/county property and you have no rights to it, so off the top of my head I would say the person whacking the ball is responsible since it left your property and did damage.

This is guess....so not really 100% sure.

 

[AprilShowers]

Yep, sorry..... ball-whacker and mom are responsible.

 

[Beth76]

I don't see how it would be the driver's responsibility. Sorry!

Even though he parked there while the mother and son were already playing baseball? And there are plenty of other places he could park?

 

[The Mystery Machine]

Even though he parked there while the mother and son were already playing baseball? And there are plenty of other places he could park?

Yes, even though...It is your responsibility to keep the ball on your property.

 

[nuke]

But there are also plenty of other places to play ball. It the car was parked legally the car owner isn't responsible.

 

[TEENEE]

I would say the mom and the boy are responsible. If the kid is hitting the ball that hard it's time to play somewhere else.

 

[Bob Slydell]

I'd have to agree with the others. While it wasn't the smartest/nicest thing for the teenager to do, unless there was some legal reason why he couldn't park there, the mom and boy are responsible.

 

[Hillbeans]

Let's say a boy and his mother are in their front yard playing baseball. Mom is pitching to the boy and the boy is really whacking some of the baseballs pretty hard. Then let's say a teenage kid drives up and parks directly in front of the house/yard not 10 feet from where the mother and son are playing. Then lets say one of the baseballs gets whacked right into the window of the car that was placed there in the middle of the practice session. Who would be responsible for the damage?

What if the car was moving down the road at the time it was hit, but just happened to be at that same spot? I just don't see how it's the driver of the car's fault in any scenario. While it may be rude to park a car right where you are playing ball, it is still your responsibility to keep the ball away from other's personal property in the street.

 

[Skywalker]

Mother and boy's fault. Even if the teenager was a little too dense to see the potential problem there, mom should have.

 

[DVCLiz]

Mom and boy's fault, sorry. It's the same at my house, if it makes you feel any better. My neighbor across the street went out of town with some co-workers over the weekend, and one of her co-workers parked directly across from my driveway (even though the neighbor has a very long driveway and a two car carport that had an empty space in it!!) Still, it was DD's fault that she backed into the car. Luckily, she only left a bumper smudge and didn't damage paint or the door, but if the smudge doesn't come off in the car wash we'll have to pay for a new paint job, I'm sure. I've already told the neighbor to let me know what the cost will be.

Next time ask the teen if he could move out of range, if there are other convenient places nearby to park.

 

[Lorix2]

It's definitely not the driver's fault, the driver could prove negligence on the part of the mother/son for not taking precautions to protect other's property/vehicles, etc..

My son ran into the back of an *illegally* parked car on a corner in our neighborhood, on his bike and was hurt, put a small dent in the trunk with his helmet. The teenager brought me to small claims for the ding and the decision was in my favor because he could not prove negligence on my part...but here in this scenario, the driver most certainly can because the parent knew the potential damage the ball could bring if it hit something or someone.

 

[poohandwendy]

Moms fault alone...boy wouldn't be held liable because he is a minor.

 

[disneysteve]

I agree with everyone else. Clearly the fault of the one's playing ball. Besides, why would anyone be playing with a ball hard enough to break a window in that kind of setting? Practice with a tennis ball or some other soft kind of ball. If you need to practice with a real baseball, pick a more appropriate place. I don't think the driver did anything wrong at all (assuming he parked in a legal spot).

 

[Blueeyes101817]

mom and boys fault...

 

[ChristmasElf]

I would have asked the teen not to park there as my child might knock the ball out of the yard and possibly hit the car.

 

[MAKmom]

The mom is at fault.