Smashed A Window @ Footy, Where do I stand!

[Jet]

the fault lies with you, so you SHOULD pay,
his premium will be effected by claiming

You don't think the premium is part of the cost of playing there?

 

[fini]

Nope, not that either (it's goods btw).

By trespass to property I, of cause, meant personal property i.e. chattels, (evident from me seperating it from land which would be real property) so we are essentially talking the same language

He didn't intend to do it and he wasn't negligent.

Intention, as you rightly suggest, isn't necessary (since Letang v Cooper (1965)) if you're claiming negligent trespass, which I am.

It was part of the game.

If I could refer you to the OP

We were warming up and people were aimless thrashing the ball

Aimlessly thrashing balls part of the game? I'd suggest that this was not a part of the game or infact an activity which could be reasonably expected to occur as the OP suggests that the windows were obviously close - so close, perhaps, that the average man would realise that he shouldn't be 'thrashing balls' around and should take some care, there being only a low fence between him and the windows.

You cannot sue people for damages in sport provided they stay within the rules of the game, in what way would you be negligent in tackling someone with the ball? It's a part of the game.

Smashing a ball, at great speed, sky high is not part of the game. I'm sorry I wasn't clear in my last post, but I intended to imply some sort of negligence into my post by mentioning that I was carrying fireworks, thus painting a picture of a person who was not, generally, playing in a reasonable manner.

Obviously carrying fireworks outside a suitable container is negligent, so yes you would be liable.

Thank you

Golfers have insurance to protect them from negligence claims from other golfers and private property. That isn't the case here.

So you're saying he shouldn't be liable because he doesn't have insurance? What if the club doesn't have insurance? Who is then liable?

If the golf club decides to stick the bar at the back of the 18th green you couldn't be sued for smashing a window.

I'll get my hammer now then

fini

 

[Gilly]

Smashing a ball, at great speed, sky high is not part of the game. I'm sorry I wasn't clear in my last post, but I intended to imply some sort of negligence into my post by mentioning that I was carrying fireworks, thus painting a picture of a person who was not, generally, playing in a reasonable manner.

Fraid it is. I do that every week in my role as a central defender.

If you don't know anything about football should you be commenting on what is entailed in playing in a 'reasonable manner'?

 

[PeterNem]

I'm with the non-payers here. The fee they charge for use of the facilities should include some sort of provision for accidental damage. They should either pay it out of their profits or claim on insurance, and then consider either raising the height of the fence aroudn the pitch or protecting the window with a set of bars or something.

Edit,

this reminds me... My brother plays football every saturday and my mum often drives down to the playing fields to watch him.

A few months ago as they were knocking the ball about someone belted it and it hit mum's car and put a large dent in the wing. It couldn't be pulled out easilly as it was on the crease of the wheelarch.

Mum claimed on insurance and paid the excess herself and said at the end of the day she parked there knowing the risk. She could have gone mental and asked that the team split the cost (similar to what the sports centre are doing in this case), but that wouldn't have been fair.

In the end despite not asking for it the team got together and paid her excess (which is v. low anyway, £100), but she'd never have expected or asked them too.

 

[ScarySquirrel]

So they claim on insurance again and again and again as each and every week you smash the same window - meanwhile their premium rises and rises and rises. Why should they have to pay for your mistake?

fini

for not learning to protect the window better

 

[fini]

Fraid it is. I do that every week in my role as a central defender.

But do you do it so as to send the ball out of play, sending it flying towards brakeable windows?

fini

 

[Jokester]

But do you do it so as to send the ball out of play, sending it flying towards brakeable windows?

fini

Yes, it's a recognised part of a defenders play to clear the ball from danger. The fact that an idiot thought it was sensible to put an unprotected window next to the pitch is irrelevant as far as a defender is concerned.

Jokester

 

[Gilly]

But do you do it so as to send the ball out of play, sending it flying towards brakeable windows?

fini

Don't care where its going if it doesn't get past me towards the net.

 

[Roduga]

So remember kids, get your body over the ball and don't lean back.

 

[Treefrog]

Put the boot on the other foot.

What would the sports centre do if a car got broken into whilst someone was using their facilities?

That would be the car park with the "All cars left at owners' risk" sign I take it?

 

[Jokester]

So remember kids, get your body over the ball and don't lean back.

If he had lent back it would have went over the roof .

Jokester

 

[Gilly]

That would be the car park with the "All cars left at owners' risk" sign I take it?

Possibly, possibly not. Is there a sign saying 'all damage must be accounted for'?

 

[Roduga]

If he had lent back it would have went over the roof .

Jokester

OK, I'll adjust.

Remember kids, lean back, look up and shout 'ave it!'.

 

[VeNT]

You don't think the premium is part of the cost of playing there?

no I don't

also maybe he DOESN'T have insurance!

persoanly I do a kiteboarding (useing power kites and mountine boards on beaches etc) and I have personal insurance that meens if I damage anything or anyone I'm covered for whatever happens.

maybe you need somthing simmiler for your football club?

 

[fini]

Don't care where its going if it doesn't get past me towards the net.

negligence = acting in breach of duty of care - such that anyone would have not to break someones windows

So if you're hitting a ball not caring where it goes you are acting negligently.

fini

 

[Gilly]

Negligence:

1. The state or quality of being negligent.
2. A negligent act or a failure to act.
3. Law. Failure to exercise the degree of care considered reasonable under the circumstances, resulting in an unintended injury to another party.

None of that matches me clearing the ball at footy.

 

[Jet]

By trespass to property I, of cause, meant personal property i.e. chattels, (evident from me seperating it from land which would be real property) so we are essentially talking the same language

Just keeping the legal terminolgy correct.

Intention, as you rightly suggest, isn't necessary (since Letang v Cooper (1965)) if you're claiming negligent trespass, which I am.

I don't care about case names. Kicking a football on a football pitch whether warming up or during the actual game isn't being negligent, imo. Warming up for a football game involves doing the very thing you will do in the game. If you read the OP again you will see it was a legitimate shot. What his friends were doing is irrelevant, they did no damage. Had they, it might have been different.

If I could refer you to the OP

Aimlessly thrashing balls part of the game? I'd suggest that this was not a part of the game or infact an activity which could be reasonably expected to occur as the OP suggests that the windows were obviously close - so close, perhaps, that the average man would realise that he shouldn't be 'thrashing balls' around and should take some care, there being only a low fence between him and the windows.

The OP wasn't aimlessly thrashing though was he? He hit a powerful shot which went wrong.

Smashing a ball, at great speed, sky high is not part of the game. I'm sorry I wasn't clear in my last post, but I intended to imply some sort of negligence into my post by mentioning that I was carrying fireworks, thus painting a picture of a person who was not, generally, playing in a reasonable manner.

It very much is part of the game. Players sky the ball all the time during the game. The amount of times me and my friends have to run around the fence at our local astro-turf suggests this too.


Thank you


So you're saying he shouldn't be liable because he doesn't have insurance? What if the club doesn't have insurance? Who is then liable?

Not at all. That poster was questioning why golfers get insurance. I was explaining that it has nothing to do with damaging the club or course but other people and private property. It is a much bigger risk than football and the damage is likely to be worse. Do golf clubs charge for divots left by players? Or pitch marks? Of course they don't, the green fee includes provision for a green keeper, the price of the pitch in this case will cover the insurance cost and any claims.

If the club don't have insurance they pay for the damage out of their own pockets, although I wouldn't be suprised if insurance wasn't mandatory for such establishments.


I'll get my hammer now then

Fine, that's criminal damgage. I meant golf balls, obviously.

fini

 

[Jokester]

persoanly I do a kiteboarding (useing power kites and mountine boards on beaches etc) and I have personal insurance that meens if I damage anything or anyone I'm covered for whatever happens.

maybe you need somthing simmiler for your football club?

Yeah, but you're not paying someone else to use their equipment. Say you hired a board and it broke through FAIR use, would you expect to be forced into replacing it?

I wouldn't.

Jokester

 

[fini]

None of that matches me clearing the ball at footy.

source?

The existence of a duty of care is the primary requiremnt for a successful claim in negligence....potential limitations of liability under the principle of Donoghue v Stevenson were rejected.

I'm sure you'd agree showing that you have a negative duty towards the breakage of peoples windows would be easy.

fini

 

[Gilly]

source?

I'm sure you'd agree showing that you have a negative duty towards the breakage of peoples windows would be easy.

fini

My source was the dictionary. You've impressed me with your sources though. No really. I'm being honest

Honest.

It would not be easy. Because to do that you'd have to prove that I have any duty at all towards windows. A claim i would refute.