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Property Damage at Sporting Events

Foul balls and golf balls break windshields, windows, and siding. Cars are damaged or broken into in stadium lots. Homes next to ballfields and golf courses take hits over and over. Recovery depends on the "baseball rule," assumption of risk, and whether the venue or a player did something more than the normal risk of the game.

What it coversFoul balls, golf balls, stadium lots, the baseball rule, netting

Step-by-step checklist

Identify

Contact the claim adjuster right away. Ask them to hold the scene and for permission to retain an expert at the client's expense. Note the call in the file.
On every claim, ask the client whether they want an origin and cause investigator to review the scene, or confirm one is already assigned. Note their answer in the file so the decision is on record.
Make sure no evidence is touched or moved until the expert has secured the scene
Get the client's approval for the scene exam cost. Most run at least $1,600 with travel, the day rate, and expenses.
Find out where the damage happened: in the lot, on the street, or at a nearby home
Find out what hit it and who was playing
Ask if it has happened before at the same spot

Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.

Notify

Notify the venue owner, the team or league, the golf course, or the player
Ask for the venue's liability insurance information

Investigate

Get incident reports, security reports, and camera footage from the venue
Get police reports for any break-in or vandalism
Document past strikes and complaints at the same home or lot

Demand, negotiate, and settle

Send the demand packet
Follow up, then send the second demand if needed
Review the release, pay the deductible, and close

1. Identify

How these losses happen

Foul balls or home runs landing in a parking lot or on nearby homes
Golf balls from a course or driving range hitting homes and cars
Break-ins, vandalism, or fights in a stadium lot with weak security
Tailgating grills or fires damaging nearby cars
Crowds or fans damaging nearby property after a game

Is there anyone to recover from?

What you find	Who may be responsible
Your insured was a fan and parked in the lot, hit by a normal foul ball	Often no recovery. Many courts apply the baseball rule.
A nearby home is hit over and over	The venue or golf course, for not putting up netting after notice
A golfer's shot hit a home or car	The golfer. The course too if the layout aims shots at homes.
A break-in or vandalism in a paid lot	The venue or lot operator, if security was lacking
A tailgater's grill set a car on fire	The tailgater
A team or venue event damaged a neighbor's property	The team, venue, or event organizer

The baseball rule: in many states a venue that screens the most dangerous seats owes spectators no more. This usually applies to fans in the stands. It is weaker for cars in the lot and much weaker for neighbors who never bought a ticket.

2. Notify and investigate

Evidence checklist

Photos of the damage and the ball or object, if found
Venue incident report and security report
Camera footage from the venue or lot. Ask for it right away, it gets recorded over.
Parking ticket or receipt, and any terms printed on it
Police report for any break-in or vandalism
History of past strikes, complaints, and repairs at the home
Photos of the netting, fencing, and lighting, or the lack of them

3. Demand, negotiate, and settle

Liability theories: negligence, nuisance and trespass for repeated strikes, premises liability for lot security, and negligent course or field design.

Defenses to expect

Defense	How to answer it
The baseball rule applies	It usually covers fans in the stands, not neighbors or cars outside the venue
Assumption of risk: you parked here	Ask if signs warned of it. A paid lot owes reasonable care.
The parking ticket disclaims damage	Read it. Many do not excuse the operator's own negligence.
The homeowner bought next to a golf course	Repeated strikes after notice can still be a nuisance or trespass
We can't tell which player hit it	Go after the venue for the missing netting instead

4. Letters for this loss

Step	Letter
Identify	Subrogation Opening Letter to Insured
Notify	Notice of Subrogation Interest and Insurance Request, to Adverse Carrier
Investigate	Evidence Preservation and Joint Scene Exam Notice
Demand	Subrogation Demand to Adverse Carrier
Negotiate	Second Demand with Escalation Notice
Settle	Release Review Checklist, Deductible Reimbursement

Related guides: Vehicle into Structure, and Fireworks Losses.