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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.