am i responsible when i got a golf ball art a house on a golf course

The flip side of that coin is that homeowners should bear responsibility for golf ball damage since they assumed obvious risk by deciding to purchase a home near a golf course. Additionally, homeowner’s insurance may handle the damage. In some cases it can be a combination of the two.

Full Answer

Who is responsible for golf ball damage to my home?

You break a window, you pay for it. The flip side of that coin is that homeowners should bear responsibility for golf ball damage since they assumed obvious risk by deciding to purchase a home near a golf course. Additionally, homeowner’s insurance may handle the damage. In some cases it can be a combination of the two.

Can a golfer enter my property to retrieve golf balls?

If your Lot is fenced or walled, property documents generally require that golfers ask your permission before entry. In short, it is likely that a golfer may enter your property to retrieve items such as golf balls (or pets) if they do so in a reasonable manner.

Are homeowners liable for golf balls hit by HOA members?

HOA associations have a responsibility to protect members for foreseeable dangers, however, golf ball liability is hard to prove. Chances are, the homeowner may never know which golfer struck the errant ball that resulted in damage to their personal property.

Is it a legal duty to hit a golf ball?

“The general rule as stated by the North Carolina Supreme Court is that ‘it is the duty of a person hitting a golf ball to exercise ordinary care under existing circumstances for the safety of others…

Who is liable for breaking a window on a golf course?

A: Living on a golf course means living with golf balls. While the golfer who broke your window should own up and take responsibility, she is not legally responsible for the damage if she was otherwise playing normally.

Who pays for damage from a golf ball?

The big question is who's liable to pay for those damages: the homeowner, the golf course or neither. It's called “errant golf ball liability” when a stray golf ball hits someone's window or causes other damages unintentionally, WMBF reported.

How do I protect my home on a golf course?

Plexiglass is kind of a do-it-yourself solution some golf course homeowners have decided best for them. With the Plexiglas, you can put sheets over your windows or doors. You can screw the plexiglass to the existing window frame to make it a complete solution that should block a golf ball from entering the home.

Does insurance cover golf ball damage?

Comprehensive insurance often covers projectiles and falling objects. Your deductible will apply, though. If the dent costs only $100 to repair and your deductible is $250, your insurance won't cover anything and you'd have to fix the dent out of pocket.

Are golfers responsible for damage to homes?

In most cases if you ask the golfer, he will say it is the homeowner and should be covered on their homeowners insurance. In other cases if you ask the homeowner he will say the golfer is responsible. You also have to catch the golfer! There is clear California case law on these points of law.

Are golfers liable?

After researching the topic, I came to a fairly clear legal conclusion: A golfer is generally not liable for injuries or damages due to an errant shot by the golfer, except in situations in which the golfer is negligent, reckless, or acting with intent.

Can a golf ball break plexiglass?

We put plate glass, also known as float glass, through a tempering process to make it less likely to break, but with enough force, it will break. At close distance, golf balls, like hockey pucks, really can cause damage to a piece of even thick tempered glass.

How do I protect my golf balls from my back yard?

Cimarron Golf Barrier Netting is the perfect golf ball impact absorber for areas that require protection from wayward golf balls. Our heavy duty 7/8" mesh used to create this netting is constructed of polyethylene to provide maximum sunlight life, as well as remain water resistant.

Will a golf ball break tempered glass?

Generally, fully heat tempered glass will be a good option for deflecting golf balls. Just like most building materials, the thicker it is, the stronger it will be.

What happens if you hit someone with a golf ball?

In yet another exception to the rule, a California appeals court decided a golfer who mistakenly hits someone with his golf club may be held liable for negligence. Being hit by a golf ball is an inherent risk of the sport that everyone appreciates, but being hit by a golf club is not.

Can a golf ball break a car window?

So while a baseball or golf ball may have a huge impact on the vehicle, the ball will not actually break through the windshield. Other parts of the car, like a sunroof or a rear window, may not include the laminate but instead have tempered glass.

Who is responsible for damage caused by a golf ball in Florida?

Who is Liable if a Golf Ball Causes Damage? Another general concern is damage that may be done by errant golf balls. Generally speaking, the golf club, the builder, and the course designer are usually protected from liability from golf ball damage in the same documents described above.

What happens when a golf ball goes through a window?

Living near a golf course is a dream for those who love to play the popular sport. When the swing of a golf club sends a ball through a nearby window or into a car, questions of liability quickly arise. Someone must pay for the repairs and discovering who the responsibility belongs to isn't easy. There are a variety of circumstances that contribute to finding fault and each case is different. Let's take a closer look at how an errant golf ball can result in finger-pointing and a blame game that delays repairs and creates tension among HOA members .

What is the meaning of "assume some risk with your home purchase"?

2. Both the developer and the owner of the residential community are bound to lay out a golf course with fair regard toward the comfort of homes that border the course.

Is it a nuisance to live near a golf course?

Choosing to live near a golf course is risky simply due to the opportunity for a golf ball to go astray. A nuisance, as defined in law, means, "Excessive or unlawful use of one's property to the extent of the unreasonable annoyance or inconvenience to a neighbor or the public.". In the case of Sans v.

Can a golf course be liable for an accident in Florida?

Other Florida courts have established that the owner of a golf course is not expected to maintain the course to such a level that no accident can occur. Community associations can be liable under certain conditions.

Is a golf ball liability a HOA?

HOA associations have a responsibility to protect members for foreseeable dangers, however, golf ball liability is hard to prove. Chances are, the homeowner may never know which golfer struck the errant ball that resulted in damage to their personal property. Additionally, the risk of living near the course is one the homeowner chose to take.

Frequently Asked Question

If you have hit the house unintentionally, the homeowner can consult with the insurance to handle the damage. In some cases, it could be a mutual approach from both you and the victim. But in case the victim proves a reckless or intentional hit, you’ll have to bear the damages.

Wrapping Up

And after going through several cases, possibilities and factors, I feel like usually, it’s the victim facing the damage who needs to sort things out. Having enough proof against the golfer or the course can help in winning some compensation. But usually, the thing is pretty trick.

What happens if you cut a dogleg in the wrong direction?

Essentially what this means is that if the player is not making sensible choices, such as teeing off in the wrong direction, purposefully aiming at a house or car, deciding to cut across a dogleg that puts personal property in jeopardy, then they should be liable for damages caused by their unreasonable actions.

Should homeowners insurance cover golfers?

To those that argue the homeowner’s insurance should cover the damage , the response is that homeowners pay a high premium on insurance to cover their property, not because they are responsible for the damage, but because getting a golfer to pay for the damage they cause is not always possible.

Can a golfer be liable for breaking glass?

While golfers might be liable for the damage, proving that an individual golfer was the cause of such damage can be very tricky. When the sound of breaking glass is heard, many players pick up their bag and hustle away to the next hole instead of knocking on the door and taking responsibility for their poor aim.

Golfers or Golf Balls Trespassing on Florida Property

A person who enters another person's property without permission is trespassing. Trespass is one of the oldest civil law claims. In order to claim a trespass, you must have warned the trespasser and asked them to stop, and there cannot be a valid reason for the trespasser's presence.

Exceptions to Trespassing Laws in Florida

Entry onto land without the owner's express consent or invitation might be permissible under certain circumstances. Emergencies are one of these circumstances.

Florida Property Law and Golfers

Under Florida property and real estate laws, golf course communities almost always have a section in their deed restrictions, easements, and covenants that allow golfers to retrieve their errant balls on residents’ properties.

Who is Liable if a Golf Ball Causes Damage?

Another general concern is damage that may be done by errant golf balls. Generally speaking, the golf club, the builder, and the course designer are usually protected from liability from golf ball damage in the same documents described above.

More Resources

Marauding golfers and destructive balls are rare in most communities, but figuring out what law applies can be difficult. If a problem is severe, you can seek the advice of an experienced real estate attorney in Florida. Or you can find more general information on this topic in FindLaw’s real estate law and neighbor law sections.

Smidd4

Curious on your thoughts here. My home course has signs saying "You are responsible for damage caused by your shot". I am just as guilty as the next guy when it comes to hitting and errant shot from time to time (some rounds more often than not) and if I hit a house I always go over and check for damage to make sure I don't owe anyone a new window.

Patch

IMHO the golfer is responsible should they hit a house or a person, and cause harm or damage. To me this falls under the etiquette part of golf. The house is already there, and the golfer should know enough about their game to know better.

Patch

I am of the opinion that golfers who think it's the home owners problem better hope they have alot golfers on their jury panel should it get that far.

Pendragon

I live in a gated community in California where there are lots of homes on the course. As Shindig noted above, the homeowner is liable unless it can be proven that you were deliberately trying to hit the house. I've seen a few heated arguments where the homeowner isn't familiar with the law, but the golfer is not liable.

ghalfaire

This has been discussed on earlier thread. I am not a lawyer but do know the home owner assumes the liability for errant shots' damage to the home if they live on a golf course.

jkelley9

Wow, this is quite shocking to me.

Posts

Haha now I’m just a broke adult! I actually never played baseball at all. I played basketball. That’s just how my swing has always been. It’s just what I naturally did, probably trying to swing too hard.