El Dorado Hills, CA Personal Injury Law Firms & Lawyers

You have a year to ask a magistrate to issue a warrant charging her with battery. It sounds like she will then have one issued for you. My advice would be to stay away from her.....no contact!

There is not enough information for me to give a definitive answer. First, when you say "our field" , it is important to know who owns the field and who is responsible for maintenance etc. If the school or some entity other than the booster club owns and operates the field, then that entity would be the one liable for any negligent acts, omissions, or dangerous conditions. For the owner operator to be liable, the child would have to show that the operator was negligent in some way. For example, it might be negligent that there is no barrier, such as a fence, between the spectators and the batter to intercept balls hit into the crowd, or in this case a bat accidentally flung into the crowd. If the owner operator is a charity and allows the public to use the field for no fee, then the recreational use statute applies, and the child would have to show that the operator was negligent. I think the probability of negligence in this case is small.

If you didn't have insurance, you could lose your license if the other owner pushes things. You have little or no leverage in my opinion, and not much with which to negotiate. Other lawyers may see it differently, but other than offering 70-80% of the bill, I don't see a move here.