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.
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.
There is clear California case law on these points of law. However, if the golfer intentionally or recklessly hits a ball at a home/car, then the golfer may be responsible.
In short, if your errant golf ball breaks a window or hits a noggin or dings a car, it's your responsibility and it's up to you to do the right thing, such as hoping nobody was home or gesticulating wildly at your partner to indicate it was his/her fault.
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. Golfers need to take ordinary care when playing, but sometimes even the best golfers will hit a wild shot.
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.
Golfers are responsible for their conduct and play, including errant shots that may result in property damage or personal injuries.
It is possible to sue a golf club if you have evidence that they were partially negligent along with the golfer who caused your injuries. For example, they may not have implemented safety procedures when this should have been done.
Regardless of who is ultimately found liable for damages related to the golf course and golfing, the Association would almost certainly be sued along with the golfer who hit the ball, the course manager and any other person or entity somehow related to the incident.
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.
A: LEXAN Polycarbonate sheet is a great product and will stand up to golf balls.
Example: “Your approach shot fell short of the green and into the beach.” (aka: “check” or “sit” or “sit down”) The result of backspin when the ball lands on the green. Players yell 'bite' (or 'hold' or 'sit' or 'hit a house') when they want the ball to stop quickly. Most often used on an approach shot.
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.
Example: “Your approach shot fell short of the green and into the beach.” (aka: “check” or “sit” or “sit down”) The result of backspin when the ball lands on the green. Players yell 'bite' (or 'hold' or 'sit' or 'hit a house') when they want the ball to stop quickly. Most often used on an approach shot.
Purpose of Rule: Rule 11 covers what to do if the player's ball in motion hits a person, animal, equipment or anything else on the course. When this happens accidentally, there is no penalty and the player normally must accept the result, whether favourable or not, and play the ball from where it comes to rest.
As well as injuries to the body, each year an estimated 40,000 golfers seek emergency treatment due to head injuries caused by errant golf balls and flying club heads. Golf Support's findings included the National Health Statistics, which investigate 8.6 million injuries in different sports.
On Saturday I shot a 76 to tie for the lead after round 1 at my club championship. On Sunday I was paired in the final group and there were several other guys at four over and five over.
About a month ago we are playing a hole with houses on the left hand side. These houses are pretty well protected by trees and on top of that they are about 30 yards away from the tree line. I completely pull a 3 wood, hit a tree, ricochets right into a guys window. He comes out yelling like the ...
One of the benefits of hiring a lawyer is that you get the benefit of thoughtful analysis, as opposed to off the cuff advice. I suggest you consider consulting a lawyer to determine whether the primary assumption of risk doctrine would apply to a situation such as yours.
The golfer who hit the ball. But, you also said that the your parents house is across the road and the ball came over a fence. I assume that your parents house is a significant distance from the course and that the fence is protective to keep balls in the course.
Opinions on the internet seem to vary widely. A couple of weeks ago an errant drive on a windy day took out a window. The owner was home and came right out so I drove up and gave him info.
WMBF reached out to the golf course management and was told they had no comment for this story.
It’s called “errant golf ball liability” when a stray golf ball hits someone’s window or causes other damages unintentionally, WMBF reported.
The property’s master deed also states owners are responsible for any damages to windows, WMBF reported, but Osoria said she was unaware of possible golf ball damage when she bought the condo.
Most instances it's the homeowners responsibility. You didn't deliberately hit the window.
The club sold the house and the new owners remodelled the house. After having several ball hit into the house the new owners took the club to civil court. The court said the club had to prevent players from hitting into the house. The owners were entitled to have their property golf ball free even though they bought the property knowing the golf course was there.
I wasn’t disagreeing with him; I was simply expanding on what he said. House built on existing course = no liability to course or golfer. Course built after house = no liability to golfer, possible liability to course.
Apropos to golf, there might be specific bylaws in the building restrictions, homeowners association, etc that definitively attach golf ball damage to the homeowner, specifically in golf communities, which accounts for the above perspective that if the house pre-existed the course the golfer pays, but if the course pre-existed the house or were built together, then the homeowner pays.
However, the golf course could be liable as it assumed the risk of issues like that happening by building a course next to house.
The only other caveat here is that if you told the guy you would pay for the window and he relies on that and goes out and gets a new window, and you then refuse to pay, you could be held liable if he were to sue you because you represented to him you would pay and he relied on that. Outside of that, though, I would guess that you don't legally owe him a dime.
I can't speak to Missouri law, but general legal principles surrounding issues like this are that it is not the golfer's responsibility unless the golfer acted with the intent to break the window. Leg
Typically these documents will also relieve the reasonable golfer from liability for accidental damage and allow a golfer to retrieve their lost ball.
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.
Golfers need to take ordinary care when playing, but sometimes even the best golfers will hit a wild shot. If she was acting negligently when it happened, perhaps taking a running start like in the movies, then she would have been on the hook.
2 Answers from Attorneys. Re: Broken window caused by errant golf ball. The person who hit the ball that should have remained on the green. Re: Broken window caused by errant golf ball. The general law on the subject is that the homeowner assumes the risk of damage by living adjacent to the course. Additionally, the golfer is not negligent merely ...
On the other hand, if the golfer intentionally or recklessly hits a ball at a home, then the golfer may be responsible. Also, there may be rules that members of golf clubs consent to be bound by that contractually put responsibility for damage on the golfer regardless of responsibility under tort law. Check your club rules.
The general law on the subject is that the homeowner assumes the risk of damage by living adjacent to the course. Additionally, the golfer is not negligent merely because a shot goes out of bounds.
If one of those errant shots breaks your window, the golfer has no liability. But, you don't assume that a golfer will take extraordinary risks that place your property in jeopardy. For example, if a golfer tries to cut across a corner by hitting the ball over your house, a shot not usually part of the game of golf, ...
When you buy a house on a golf course you agree to assume certain risks associated with the property, such as the possibility that a golf ball may break one of your windows. For the golfer to be responsible, you will have to show that he has done something that you would not ordinarily expect from a reasonable golfer.
A: As a general rule, a person is not responsible for damage caused when a tree falls onto another's property. This is because liability is based on negligence and, in most cases, when a tree falls it was an act of God and not the fault of the property owner.
Basically the title and I’m wondering how legal this is? I’m a Target employee and have noticed in the past they charged me $30 a month as a tobacco user which I’ve never been. I guess this is because I have their insurance.
The officer is telling me I'm not allowed to leave until after 10pm and it doesn't matter if I have to work or not because apparently they've sent notifications all week. I told him I didn't get any notifications and he just says "well I'm giving you one right now so don't think about leaving again" l'll get fired from my job if I don't go in...
My sister has lately been mad and irritable lately so whenever my niece makes a little mistake like forgetting to put away the dishes she beats her. She has marks all over her arms, and legs. I was wondering how I can go about this, at this point I do want to call child protection because me and others have tried to talk to my sister.
I’m stuck between a rock and a hard place today and I’m being told a lot of things by people who shouldn’t be giving legal advice. Here’s the situation:
I live in Florida. The other night I had a couple of drinks and didn't want to drive home so I decided to sleep in my car. I was woken up by a cop knocking on my window and he asked me to preform a field sobriety test. I was very tired but didn't feel intoxicated but I was arrested for a dui.
They also mentioned that the homeowner understands the dangers and risks of living on a golf course and assumes the risk from golf balls which are unintentionally hit at their house because that is part of the game which is being played adjacent to their property.
Golfer liable = intentionally or acted unreasonably in hitting ball toward the house. Course liable = house built before the course was built. No liability (owner or owner's insurance pays) = house built after course. Under this scenario the homeowner assumed the risk in buying or building a house on the golf course.
WMBF reached out to the golf course management and was told they had no comment for this story.
It’s called “errant golf ball liability” when a stray golf ball hits someone’s window or causes other damages unintentionally, WMBF reported.
The property’s master deed also states owners are responsible for any damages to windows, WMBF reported, but Osoria said she was unaware of possible golf ball damage when she bought the condo.