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For the legal beagles among us


Popsi
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ok so i have just been on holiday and something happened to me and i was just wondering if anyone could tell me where i stand on a legal point of view.

 

right i went to this little park setup thing in florida that had go-karts, crazy golf, an arcade and batting cages. i decieded to go into the batting cages and lo and behold i got smacked in the face with one of the balls on my very first go! nothing was broken thank god but the pain! never hurt so much before

 

anyway i was jsut wondering if the park would be liable? i have no plans to sue of course (cant be bothered) but am just curious and thought id ask advice here as i dont know anywhere else.

 

right heres the info about what happened

 

# had to go and find one of the blokes myself to get a bat, and he gave me neither a helmet or safety instructions.

 

# there was a sign saying enter at own risk but i was not told anything about the cages - ie ball speed, height etc (btw i went into the medium speed one)

 

# i am 6 foot tall and stood to the left of the plate, yet got hit right on the top of my right hand cheek. went back to the park later and looked at the same cage - ball was now being fed about waist height to the right of the plate.

 

# when we went back into the main building to see the manager straight after this happened, they brought the bloke in who gave me the bat and he lied and said that i 'ran off' before he could give me a helmet and that i told him that i was 18 and didnt need one. total and blatent lies. even if i had ran off (which i didnt) surely it was his job to come after me and give me a helmet.

 

so any ideas? would they be liable for some sort of damages? this is just to satisfy my curiosity nothing more, i never had any intention of suing them.

 

thanks!

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Yeah you could probably get some money from them. They failed to provide you with instructions, helmet, padding and all they had to notify of danger was a sign.

 

However all they can say is "he ran off before we could stop him and he ignored the sign".

 

How did the ball machine operate? If it was human-operated, surely they wouldn't have started the machine if you weren't wearing the padding? If it was automatic they'll use the above "your ignorance" argument.

 

Cheers!

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I wor for my local council and we have recently commissioned a new skateboarding park. There was MASSIVE insurance technicalities.

 

My point is, I remember that we can get cheaper insurance, and lower premiums, and less claims being made against us, if we use the argument (if a kid gets injured):

 

"It's a skate park. These things happen. You entered the park knowing of the dangers and didn't wear padding."

 

Go figure...

 

Cheers!

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is popsi about 3 foot :lol no seriously someone has probably tilted it and thats why it hit ure face, but you should have had a helmet so you should sue. in america a fat guy sued McDonalds for about a million so youd get a bit of dough if you sued
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From what i can see you do have a case albeit a slim one. The main drive of your case should be that you was not informed of the risks involved and was not given any equipment to help protect you from those risks. The defense would automatically use the statment saying basically what you said here

they brought the bloke in who gave me the bat and he lied and said that i 'ran off' before he could give me a helmet and that i told him that i was 18 and didnt need one

 

However it is the owners responsibilty to ensure that anyone who uses their facility is safe, as that is normally ensured by local councils etc when facilities such as this open up. All places have to obide by certain health and safety guidlines. Even if you did run away it was still their job to at least reccomend that you use the safety equipment provided.

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Note only that but as you are aware that you should have been wearing a helmet and pads their legal advisor will say, why didn't you go find an attendent if you where so concerned about the lack of saftey, or is it because as he says, you simply ran off, I did Law at college, I know how lawyers work, their slippery, its how their trained to be.
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Popsi, you probably don't have a case. If/When you check this thread again, answer this:

 

Was the ball machine automatic or man-operated? If was manually operated you have a case as the ball should not have been fired at all if you were not wearing padding (even if you were lied to yadda yadda). If it was automatic I'd put ice on it and repress this memory. Kepp it bottled up.

 

Forever.

 

Cheers!

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nah it was automatic, and i only became aware that i would need a helmet/slash padding when i came back later and saw that everyone else in the cages had it on.

 

and evil gringo i did not run off, the bloke lied through his teeth to save his arse. the cages were about 25 metres away from the stand with the bats so i didnt need to run anywhere

 

anyway i have no intention of suing anyone it was merely for curiosties sake. i have no permanent injuries and thats the main thing.

 

 

thanks for the answers guys!

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