golf course homes who is responsible for broken windows

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.

Full Answer

Who is responsible for a broken window on a golf course?

The golf course owner claimed that they don't have insurance for broken window. The house owner also claimed that she is not allowed/not willling to claim her house insurance. Both the golf course and the house owner said it is the responsibility of the golfer.

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 you protect your home from golf balls that break windows?

Replacing windows due to stray golf balls can get costly, and the broken windows can be dangerous. Protection ideas help prevent golf ball breakage, and some even improve window security to protect your home. Regular window screens are no match for golf balls.

Is the golf course responsible for damage caused by holes?

Unless there is a blatant design flaw in the design of the hole, the golf course is not responsible for any damages. The home owner assumes a certain percentage of risk/consent when choosing to live on the golf course (probably for value reasons). Hopefully you guys wont just run, thats quite frankly a chicken sh*t way of solving the issue.

Are you responsible if your golf ball hits a house?

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.

Are golfers liable for property damage?

The law varies from state to state and often on a case by case basis. Some courts believe that the golfer is always responsible for any damage he/she causes to personal property while golfing. You break a window, you pay for it.

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.

Can a golf ball break a 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.

Are golfers responsible for errant shots?

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.

Is it good to live near a golf course?

In addition to having your next round of golf right outside your door, living on a golf course often affords views of sprawling green vistas. Even if golf isn't your game, the benefits of living in a golfing community may be something worth considering.

Who is liable if a golf ball hits your car?

Both the golfers and people venturing across the courses or nearby roadways are put at risk of flying golf balls (or clubs, in some cases). In many court cases, golfers have been held responsible for inflicting damage on cars or causing accidents of some sort.

How do I protect my house from golf balls?

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.

Are golfers responsible for broken windows in Arizona?

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.

Does homeowners insurance cover broken windows from golf balls?

Am I Responsible for Covering Any Damage Caused by the Golf Ball? Technically it would be your homeowners insurance company that's responsible for covering the damage. According to insurance expert Paul Martin, it would only be your responsibility to cover the cost of your policy's deductible out of your own pocket.

Does insurance cover golf ball damage?

“Since damage from golf balls is incredibly common, you have a few options, including coverage through your Progressive policy. If you were parked on the golf course's property, they may cover the damage. Some golf courses have liability insurance in place to help protect patron's property from damage.

Will a golf ball break tempered glass?

If you need to replace your glass anyway due to breakage, consider upgrading to tempered glass to reduce the breakage risk or consider upgrading now on the windows that are most vulnerable to golf ball breakage. Tempered glass is much stronger than regular glass and often won't shatter when a golf ball hits it.

Who is responsible for hitting a window?

Most instances it's the homeowners responsibility. You didn't deliberately hit the window.

What happened to the club that hit into the house?

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.

What does "house built on existing course" mean?

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.

Does the homeowner pay for golf ball damage?

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.

Is a golf course liable for a golf course?

However, the golf course could be liable as it assumed the risk of issues like that happening by building a course next to house.

Can you sue someone for not paying for a window?

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.

Is it the golfer's responsibility to break a window in Missouri?

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

What does it mean to live 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.

What does governing documents do for golf?

Typically these documents will also relieve the reasonable golfer from liability for accidental damage and allow a golfer to retrieve their lost ball.

Do golfers need to take care of themselves?

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.

What is broken window caused by errant golf ball?

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 ...

Who is responsible for hitting a golf ball at home?

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.

Is a golfer negligent if a shot goes out of bounds?

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.

John M. Kaman

If you choose to live on or near a golf course, or to park your car within striking distance, you have assumed the risk of damage and neither the golf course or the unknown golfer is liable, unless of course he did it deliberately. More

John M. Kaman

I see that Mr. O'Brien thinks the golfer is liable. He could not be more wrong. A golfer playing on a regular course is not liable to people who put themselves in harm's way. That includes people dumb enough to build their house on a golf course. More

Stephen J. O'Brien

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.

What happens if a golfer breaks a window?

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, ...

What happens when you buy a house on a golf course?

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.

Who is the Dwight Olds Chair?

Alderman is the Dwight Olds Chair in Law at the University of Houston Law Center.

Is a tree falling onto another's property a liability?

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.

How does a net work on a golf course?

Netting. A net can catch any flying golf balls heading your way if it is set up between your property and the golf course. This works similar to football uprights. A frame is positioned at the edge of your property and a net is propped up that is large enough to cover that side of your home from golf ball bombardment.

How to increase the strength of your windows?

Another option to increase the strength of your current windows is to have security film installed. It's applied directly to your existing windows and strengthens the glass to resist breakage. The window film also keeps the pieces together should a golf ball break the window, so you won't need to deal with hundreds of shards of glass.

Do awnings protect windows?

Exterior shutters and awnings provide good protection for specific windows by covering them against outside impacts. Awnings are more limited since they usually hang above the window but exterior shutters can be shut during the day when golf games are being conducted and then opened again at night so you still have a view. Your view will be obstructed when the shutters are closed, but they can preserve the lifespan of your window glass.

Can you live on a golf course with a golf ball?

Apartments overlooking a golf course. Living on a golf course is a dream situation for many golf enthusiasts, but a golf ball crashing through household windows can quickly remove the luster. While golf courses are usually designed so the golfer is hitting the ball away from the houses, protection is needed for the windows ...

What is the liability of a golfer?

It is important to note that, while the applicable law is based on where you are playing, one common approach to liability on the golf course is that golfers are liable if they are negligent or do not use reasonable care when taking their shots. 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. In some instances, the decision to take a mulligan (do over) shot has been held to be an unreasonable decision if the result is property damage.

What is the best way to hit a golf score?

So regardless of what jurisdiction you are golfing in, one way to make everybody happy, the homeowner, golf course and especially and most importantly you the golfer seeking to better that score is to be sure that you “Hit ‘Em Straight.”

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.

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.

Can a golf course be at fault?

There is a third possibility; the golf course itself could be at fault. In some cases, homeowners have brought suit against golf courses and won. The grounds of these lawsuits usually either pertain to a golf course being constructed too near to houses that already exist, or more commonly, they are based on poorly designed holes and tee boxes that place houses in obvious danger that could have been avoided. In these cases, both the golfer and the homeowner may escape liability, even if the courses posted rules stating they are not liable for damages.

Does homeowners insurance cover golfers?

The trend in Washington seems to be favoring homeowners, making golfers responsible for property damage their unlucky slices might cause. 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. 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. In these situations, homeowners are left with little option other than to pay the deductible and have their insurance pay for the costs of repairs.