Can I claim personal liability or medical payments if we were playing catch at my friends backyard and they threw the ball into my eye?

I went to the ER. My eye doctor says that I have some permanent damage. I still can see but far from 20/20 and will have to wear glasses. The doctor also said my chances of suffering glaucoma/catarats are pretty high.

Asked on February 5, 2013 under Personal Injury, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can try to file a person injury suit or file a claim on the homeowner's insurance, but you are going to have some issues perfecting the claim if you were an active participant in the game of catch.  In order to file a personal injury suit, you have to show that the other party did something that resulted in the injury.  The fact that the event happened on someone else's property is not enough.  You have two main issues including that (1) you were an active participant and (2) your failure to catch the ball could have been through your own negligence.  Additional facts could change the outcome.  For example, if you did not consent to the game of catch and were beaned by the baseball because the other participants were not careful in where or how they threw the ball, you would be more successful in your claim because you did not contribute to the injury.  Before you make a final decision, arrange for a consultation with a personal injury attorney to go over all of the facts of your case.  Many will offer free consultations and will be able to give you a more specific opinion about the success of a claim based on any additional factors.

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