A personal injury in Massachusetts caused by a stray softball during a backyard pick up game to a houseguest on a porch of your home, could result in a Massachusetts homeowner being liable for negligence. The recent case of Judge, et al. v. Carrai, 77 Mass.App.Ct. 803, 2010, ruled just that.
In that case, house guests in Massachusetts caused injury to another while participating in an impromptu, informal softball game organized by a guest during a social gathering. The Court held that the hosts, who owned equipment owed a duty of care to the guest who was struck on the back of the head by a softball while she sat on porch at hosts' home. The court found that the hosts held the right to control the use of the equipment and their guests were entitled to use it only with the hosts' permission, the hosts were present and aware that their equipment was being used, and potentially were aware that its use posed a risk of injury to guests seated on the porch. Furthermore, the risk that a batted ball could strike a person sitting on the porch was foreseeable because the game was being played in close quarters, one ball had already landed on roof, and organizer had admonished participants to try to swing down, bunt, or take less than a full swing, based on the limited space available. The court further ruled that a rational fact finder could conclude that the homeowner was aware that the use of the softball equipment posed a risk of injury to guests seated on the porch. The dissent raised concerns whereby the ruling could impose potential homeowner liability wherever backyard games are in play. For instance, such liability could be found in a game of horseshoes if the heavy pieces were pitched awry and hit a guest; in a volleyball game, where a tipped ball may go astray and forcefully hit a guest in the face; or while playing bocce if a guest were to be struck by a hard-thrown ball.
In light of this decision, however, a homeowner should try to ensure the guests are a safe distance from any backyard games being played.
Bellotti Law Group handles all types of personal injury cases.
