Who should pay for my windshield if it was damaged by a ball at a soccer game?

My car was parked along with all the other parents’ cars at our son’s high school soccer field. My car’s windshield was hit by a soccer ball kicked by the opposing team in an attempt to make a goal. My car was not directly behind the goal and the ball had to fly a good distance and at a high rate of speed to hit my windshield and hit it hard enough to break it. The car is not driveable because the windshield is so damaged on the driver’s side. The cost to replace the windshield is $280. My son’s high school said they are not responsible and neither is the player that kicked the ball. The high school principal said that I parked there at my own risk.

Asked on September 30, 2013 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The high school principal is correct. If you park at a ball field, even if not directly behind the goal, you assume the risk that a ball will hit your car and damage it; having assumed that risk, you cannot recover compensation. Also, from what you write, neither the ball player nor the high school did anything wrong--they were simply playing and/or hosing a game, at a location where  games are held. There is no negligence, or unreasonable carelessness, in having a soccer game at a soccer field, and without negligence, there would be no liability.


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