"If you are golfing and breaks someone's window, the golfer is responsible," said Mike Siemienas, an All-State spokesman. "However, if no one claims responsibility or does a �hit-and-run', your homeowner's insurance will cover it." Siemienas also points out that it depends on your deductible whether filing a claim is even worth it.
Nov 11, 2016 · I sliced a drive into the Club House window (20 yards to the right of the fairway about 250 yards from the teebox). I was told by someone working there I was responsible for paying for the window. I wasn't sure so to be safe I gave them my information and was told I would be informed when they replace the window.
Jul 10, 2014 · The golfer is ultimately responsible for the result of their errant shot. However, the homeowner will not always be there when the incident occurs. This makes finding the golfer and proving liability difficult. As such, I would recommend that homeowners carry insurance to cover potential damages.
Jul 12, 2011 · Yes, you are legally responsible to make good with the property owner to repair the window you broke with the errat golf ball you hit regardless of intent to damage the window as a general rule of thumb in this country. Whether the property owner has insurance is not relevant for the cost to repair the damage caused.
Aug 18, 2020 · “The golf course is usually there first and then they build the house there, so they assume liability because they knew they were building on a golf course,” Floyd said. 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 …
Ball hit a tree and hit a window of a house, breaking the first pane of glass. Homeowner came out and I told her it was my ball. I gave her my number. Obviously that was not my intent.
Yes, you are legally responsible to make good with the property owner to repair the window you broke with the errat golf ball you hit regardless of intent to damage the window as a general rule of thumb in this country. Whether the property owner has insurance is not relevant for the cost to repair the damage caused.
WMBF reached out to the golf course management and was told they had no comment for this story.
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.
It’s called “errant golf ball liability” when a stray golf ball hits someone’s window or causes other damages unintentionally, WMBF reported.
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.
General theories of negligence typically reference the term "foreseeability," which according to the learned Hand, "on clear days foreseeability can stretch for miles." Other negligence theories concern themselves with causal chains of events, or alternatively res ipsa loquitor, where "the thing speaks for itself."
The most popular is actually called the "baseball rule," which insulates the baseball teams and stadiums from liability when people take liners to the face, specifically down right field line.
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.
Cutting through all that is reasonability analysis, which is necessarily subjective if there isn't a lot of jurisprudence to guide you. Was it reasonable to expect a broken window? Would it be reasonable to expect to be plunked in the head on your patio?
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.
Sometimes the golf course will have signs that say, “You are responsible for damages done to houses on the course”. In reality, it’s kind of a “judgment call”. It’s not usually expensive enough to be an insurance claim so if you feel responsible, then you should pay. You could also say, “you shouldn’t have built your house so close to the course so I’m not paying”.
Just as when you go to a sporting event the spectator assumes the responsibility of being struck by an errant shot.
If the golfer just had a bad hit and did not intentionally try to hit your house, then he/she is not responsible. The homeowner would have to contact the golf course.
So go out and enjoy your round of golf with your friends and if you break a window, just go along your merry way and press the bet on the next hole. Because odds are you lost that one.
Which it may be. Laws are created to prevent hostile, aggressive action by one person or group against another. However, it’s difficult to imagine laws telling home owners, ‘build it there…you see that golf course? Well, our county/city/village/ burrough will not allow you to build or purchase (this last assumes the property was ‘grandfathered to be where it is) a home.
Depends on the level of detail you want to include. From my experience a usga spec green can cost upwards of 70K each. So that cost Alone is over a half million.
But those driving or walking on a road or street that borders a golf coarse do not assume responsibility. If a motorist while driving by has their car damaged by a golf ball it's the golf course that is held responsible for not putting up sufficient barriers to stop errant shots, not the golfer.
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.
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.
Typically these documents will also relieve the reasonable golfer from liability for accidental damage and allow a golfer to retrieve their lost ball.
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.
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.
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.”
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.
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.
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.
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.