Do we have any solicitors on this M/B

I had a similar event at the gold club.  A wayward - & I mean really wayward - hit a members bonnet (hood) 

Same owners risk car park notice. A claim inquiry was made on the club & the player,  it was not pursued as it was eventually agreed that no one was negligent or malicious. It was a completely accidental mishit by a low'ish handicap player. 

The club however did place a temporary net around the tee for a few years while the already planted tree screen grows a few more feet.   

It's one thing accepting the risk if the local cricket club are using the pitch, but would the members know that a team from a much higher ability range were playing and therefore presented a much higher than usual risk?  I think that's something that's worth putting to them.

Not sure of the answer, but I feel reasonably confident a solicitor would cost more than having the dent sorted out...

You probably don't want to admit such an incident to your insurance company - but they would be able to follow up any claim against the sports club; if a claim against them is possible...

I would suspect that the sign is largely worthless. They have invited and accepted you onto their property so have a duty of care towards you. You have reasonable expectation that your car is not going to be hit by a cricket ball. I would have thought that the Surrey team have public liability insurance as well.

Bananahead,   (from what I can remember of the legal advice we received at my golf club case)   I believe that parking at a cricket club contains a foreseeable risk that you take when parking your car in a cricket club car park.

If you do a search for "cricket club liability UK" then a large number of insurance companies provide cover. It is reasonable to expect the club to have this.

Just pay for the repairs. This societal mania for sharing every single conceivable risk achieves nothing in the long run except to enrichen the executives of insurance companies and their lawyers.

Some very sensible posts bananaman,which i will foreward on to my friend.As for the reply from the person saying...just pay for the repairs.....why the bloody hell should he ?

Mista h

As a golfer we are advised to hold 3rd party liability insurance, which in my case is included in our club membership. This is to cover 3rd party personal injury and property damage which costs about £25. As most people have said though it can be a hassle chasing up claims for small amounts. It's the personal injury cover that's most important to me as some large awards have been given in the courts for injuries incurred by wayward golf balls. Plus it gives you cover for the bar bill, which can be a few hundred quid, if you get a hole in one. I've had two in the last 6 years!

+ 1

steve

The dent has caused the paintwork to crack so apart from taking out the dent it will need a respray and on an X5 it probably wont be cheap!! Also i presume every time you see a sign saying you park at your own risk like in supermarkets etc etc you go and park somewhere else.

May as well shut every single car park in the country.

Mista H

When a sign says "Park at your own risk" I often wonder why they don't provide a list of the risks you are deemed to be accepting and a list of who would be creating each risk and thereby claiming imunity from liablility.

If, for example, a part had fallen from an aircraft onto an X5 in a golf club car park, would the X5 owner be denied the opportunity to seek redress from the owner/opperator of that aircraft ?

In the case under discussion, was the notice intended to protect the Cricket Club from direct liablity from any event whatsoever, including falling aircraft bits, gross negligence of the groundsman, or was it specific about the risk of flying cricket balls only?

Cheers

Don

I have heard of incidents  where professional cricket players suffer horrendous injuries but when it involves your pride and joy  being physically harmed while standing still in a car park: hey, call the cops?What is this world coming to?

The law, as pretty much always in Britain, is hopeless. The case referenced below, from 1977, has parallels with the OP's enquiry:

http://en.wikipedia.org/wiki/Miller_v_Jackson

The last sentence reads: "It is notable that the court did not hold that holding cricket matches on the ground was negligent, per se; rather, there were separate negligent acts each time a ball left the ground. It is not clear why attempting to hit a ball for six should be negligent, since it is one of the objects of playing cricket."

On this basis, damages are due.

Fraser

Mista H,

"do we have any solicitors on this M/B"

Yes -thats £50 please

Twice in six years Is hugely impressive Doc!

During the thirty years I played, I witnessed only three aces...and never one to call my own.

ATB.

Hook

PS - Congrats to Justin Rose on his US Open win!  

Thanks Hook,

it really is just luck. I know people who have played for many years who haven't had one and others who have had half a dozen. 

Yes, it was a fantastic victory for Justin. He played magnificently.

ATB

Steve

Thanks paul....Whats happened to Am i a fireman yet!! I have my hanky ready.

Mista H

A question for Daffy duck & Winkers.......If that said cricket ball had hit and killed a child(several use the clubs creche) would you just say to the parents...shit happens,suggest you knock out another sprog pdq.

Mista H

IMO and experience probably not, I am not a solicitor but I am a secretary of a company which owns land upon which vehicles are parked and rights of passage are laid down. The company would be very foolhardy not to have 3rd-party liability insurance, despite our signage, covenants and other prohibitive articles. We have the insurance to cover wallies frying themselves tampering with our electricity, tripping over at 3 in the morning in the pitch black without bringing a torch, and falling into a well after tampering with the iron cover and bolts!

Protecting yourself against those who cannot protect themselves against themselves is nowadays a 'hazard' of modern living.

I would definitely pursue restorative remuneration from the CC. With any luck a compromise may be agreed... 

Insurance wouldn't bring the child's life back. But having insurance may well make the club less motivated to act to physically reduce the risk of such accidents happening.

This is one of the issues I have with widespread and indiscriminate societal risk sharing; the incentive to truly reduce or manage risks, rather than just spread them around, is lessened.

Insurance, tends to reward lazy, careless, negligent and fraudulent behaviour. It penalises those that are honest, careful and thoughtful.

Daffers

All the guys that use the cricket pitch could not hit a six let alone a ball out of the ground. That said these Surrey lot can play a bit and its the only time its a problem. Last year not only did a ball land in the car park,but flew over the road and landed in the front drive of a house accross the road.

Mista H

Maybe, but in the case I mention, we do all we can to make sure that once we have paid for a product that product 'works' i.e. we do all we can to make sure the insurance company cannot use it's own clauses to 'wriggle out' of the contract, we do this by making sure our grounds are as safe as can be by discussing risk with the Insurers.

I don't disagree with what you have said.

IMHO insurance should be viewed as an obligation additional to honest, careful and thoughtful behaviour, not as an alternative.

Cheers

Don