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On 9 May 2019, during a game of cricket against the North Sydney Bears at North Sydney Oval, a batsman from the Burwood Briars Brothers,

On 9 May 2019, during a game of cricket against the North Sydney Bears at North Sydney Oval, a batsman from the Burwood Briars Brothers, the visiting team hit the ball for six. The batsman hit the ball so phenomenally strong that it flew out of the grounds, hitting Ms Abbie Jenkins, who was then walking on Miller Street, just outside the gates of the sporting grounds. At the precise time of the accident, Ms Jenkins was walking approximately 90 yards from the batsman. Due to the ball's impact on her head, Ms Jenkins suffered a cracked head and had to be rushed to Mater Hospital.

The North Sydney cricket club had been using the North Sydney Oval since 1938, before Miller Street was built in 1945. The oval grounds were surrounded by a 4.2 metre fence, but the ground sloped upwards so that the fence was 6.3 metres higher than the level of the pitch where the ball passed, about 69 metres from the batsman. According to historical records, a ball had been hit that far out of the ground only 3 times in the last 50 years. People living closer to North Sydney Oval, however, have reported that they've seen cricket balls hit outside of the grounds several times a year.

Ms Jenkins hired a solicitor who commenced legal action against the North Sydney Cricket Club. Her solicitor claimed that the ball being hit out of the oval even a few times in its history was enough to give the club warning that there was a risk a passer-by could be hit and injured. Her solicitor argued that the North Sydney Cricket Club was liable in negligence for his client's injuries. The solicitor finally claimed that a cricket ball was a deadly object that had escaped from the oval, and is a nuisance.

Is Ms Jenkins' solicitor correct? Explain your answer using principles and cases studied in connection with the law on torts.

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