$150,000 Pre-Suit Settlement for Tennis Ball Machine Malfunction at a Florida Private Club
Case Summary: A man in his 70s was playing tennis with a ball machine at a private Florida tennis club he had used many times. The machine started misfiring, occasionally launching extra balls in between programmed intervals. While he was at the net, the machine fired a rogue ball that struck him in the right eye with enough force to jolt him backward and twist his right shoulder. He suffered a permanent eye injury, a shoulder injury, and a facial laceration that bled heavily because he was on blood thinners. The club’s insurer opened at $20,000. We resolved the case pre-suit for $150,000, seven and a half times the opening offer.
Case Type: Premises Liability
Sub Case Type: Defective or malfunctioning equipment on a recreational facility’s premises; eye injury and shoulder injury
Injuries: Right eye vitreous detachment with permanent retinal floaters and light flashes requiring ongoing ophthalmologic monitoring; severe right shoulder impingement; laceration to the right cheek with heavy bleeding because the client takes blood thinners.
Surgeries: No surgery has been performed to date. Shoulder surgery has been identified as a possible future recommendation, along with PRP or stem cell therapy. An ultrasound-guided injection was performed on the right shoulder for pain.
Opening Offer: $20,000
Settlement Amount (gross recovery): $150,000
Supporting Facts: Tennis club accident compensation
Parties Involved
- Client (the injured tennis player; in his 70s at the time of the incident).
- The property owners association that owns and operates the private tennis club where the incident occurred (defendant).
Where It Happened
A private tennis club in Florida.
What Happened
- The Client was playing tennis on a court at a private tennis club where he had played many times during the season.
- He was using a tennis ball machine owned and maintained by the club. He was familiar with the machine and its settings (speed, height, pace, direction, and spin) because he had used it frequently.
- That day, the machine started malfunctioning. Instead of firing balls only on its programmed interval, it would occasionally launch an extra, unscheduled ball in between programmed intervals.
- The Client moved up to the net during a drill.
- While he was at the net, the machine misfired again and launched a rogue ball directly at him.
- The ball struck him in the right eye with enough force to jolt him backward and twist his right shoulder.
- The impact also caused a laceration to his right cheek. Because the Client takes blood thinners, the bleeding was difficult to control and became his immediate concern.
- He went to the pro shop, applied ice and pressure, and got the bleeding under control.
- He sought medical evaluation and treatment in the days and weeks that followed.
Who Was At Fault and Why
- The club owned and maintained the ball machine on its premises and made it available for member use.
- A property owner that places a piece of mechanical equipment on its premises for guests and members to use has a duty to keep that equipment in safe working condition. A ball machine that randomly fires extra balls outside its programmed sequence is not in safe working condition.
- No police were involved. No citations issued. The release contains a standard "no admission of liability" reservation by the defendant, but that is boilerplate and did not prevent settlement at fair value.
Legal Hurdles and Defenses We Overcame
- Aggressively low opening offer. The club’s liability insurer opened at $20,000 and asked for more medical records before further valuation, the standard delay tactic. We pushed back with full medical documentation and a clear liability theory, and the carrier moved 7.5 times above their opening number to resolve.
- No admission of liability. The release contains a routine "no liability admitted" reservation. We resolved the case pre-suit anyway, at $150,000, on the strength of the facts.
- Subrogation lien resolution. Health insurance subrogation interests had to be negotiated down before distribution to the Client. We resolved the final lien at a fraction of its asserted amount.
Client’s Injuries
- Right eye: Vitreous detachment, plus retinal floaters and light flashes that developed within 24 hours of the impact. These eye symptoms are permanent and will require ongoing ophthalmologic monitoring for the rest of his life.
- Right shoulder: Severe shoulder impingement requiring extensive physical therapy and an ultrasound-guided injection for pain. Future treatment options under consideration include PRP, stem cell therapy, or shoulder surgery.
- Right cheek: Laceration with significant bleeding, complicated by the fact that the Client takes blood thinners.
Treatment and Surgeries
- Initial ophthalmologic evaluation within days of the incident, followed by ongoing eye care with multiple specialists.
- Extensive physical therapy over roughly six months following the incident.
- Ultrasound-guided injection to the right shoulder.
- No surgery has been performed to date. Shoulder surgery has been discussed as a future option, along with PRP or stem cell therapy.
Effect on Client’s Life
- Permanent eye symptoms requiring lifelong monitoring.
- Ongoing shoulder limitations and pain.
- Physical, mental, and emotional changes documented through witness testimony from a close family member.
Insurance and Litigation Posture
- The club’s liability insurer issued an opening offer of $20,000 early in negotiations.
- The carrier asked for additional medical records before further valuation, a typical delay-and-discount tactic.
- We responded with complete medical documentation and a strong liability theory tied to the club’s duty to maintain its equipment.
- The case settled pre-suit at $150,000, which is 7.5 times the opening offer.
- No lawsuit was filed.
How the Case Resolved
- Resolution reached in early September 2025.
- Release signed by the Client in mid-September 2025.
- Settlement check issued in mid-October 2025.
- Client received his disbursement in late October 2025.
- Gross recovery: $150,000.
A piece of equipment that the club owned, maintained, and let its members use started misfiring and put a ball in a player’s eye while he was at the net. A property that puts mechanical equipment on its premises is responsible for keeping that equipment safe, and the eye injury here is permanent.
The insurance company opened at $20,000 and we walked them up to $150,000 pre-suit without filing a lawsuit. The 7.5x improvement is what the Client got because we did not accept the first number.
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Disclaimer: The facts and circumstances of your case may differ from the matters described on this page. Past results do not guarantee, warrant, or predict future case outcomes. Results depend on a variety of factors unique to each case.