Additionally, homeowner’s insurance may handle the damage. In some cases it can be a combination of the two. 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 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.
Typically, a golf course will present signage throughout the area, from the main office to score cards, and even within the greens. This signage is to state that the course is not liable for injuries that could reasonably occur while golfing.
She has grown accustomed to the sounds of golf balls hitting her building and now her window. “Golfers should be responsible for the actions, but the golf course should be held accountable, as well,” she said.
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.
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.
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.
the homeownerThe 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.
There are so many wonderful advantages to living on a golf course or in a golf course community – from the high property values and quality school districts that usually are nearby, to the other community amenities and golf at your fingertips, living on a golf course is living the dream.
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.
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.
“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.
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.
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.
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.
If a golf ball has hit someone, the personal injury victim may be entitled to compensation. However, it does depend on the circumstances surrounding the case. For example, if the person in question did not check that the area was clear before striking the ball, they may be deemed liable.
If a golf ball has hit someone, the personal injury victim may be entitled to compensation. However, it does depend on the circumstances surrounding the case. For example, if the person in question did not check that the area was clear before striking the ball, they may be deemed liable.
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.
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.
Specifically, it depends on the status of the “somebody or something” that you hit. Generally, if you hit and injure somebody on a golf course who is playing or watching golf, you can˜t be held responsible for their injury. The Ohio Supreme Court decided in the case of Thompson v. McNeill, 53 Ohio St.
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.
Legal Question & Answers in Personal Injury in California : Broken window caused by errant golf ball. Who is responsible for a broken
Insurance Claims for Broken Windows. If you’re in the unfortunate majority and unable to find the person who caused the broken window, you may want to consider making a claim against your homeowner’s insurance policy.
Steve Pomeranz: It’s time for Real Estate Round-Up. This is the time every single week we get together with noted real estate agent Terry Story. She is a 29-year veteran with Keller Williams located in Boca Raton and she joins me in the studio.
If you live on a golf course, you assume risk. Contact your insurance agent to see if your personal liability coverage on your homeowner’s insurance would pay for “damage to property of others.”. There will be a dollar limit stated in your policy.
However, if the golfer intentionally or recklessly hits a ball at a home/car, 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 the golf course rules.
Many courses and near-by buildings do have insurance in place to cover it, so check that as well if the issue cannot be resolved. If your home or car is hit and you are in the position of not knowing who hit the golf ball, you can ask the golf course if their insurance will pay for your damages, but typically this would be excluded.
Comprehensive coverage will normally cover damage . You will need to pay the deductible associated with this coverage There are several ways you can protect yourself from getting hit in the pocketbook. It is advisable that before you buy, look at where the house is in relation to the hole.
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.
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.
Depending on where your house is located relative to the tee box or the fairway, your home is probably the most likely to be hit by an errant ball. Roofs, windows, and siding are all vulnerable, so knowing what your deductible is will be a determining factor in whether filing a homeowners insurance claim makes sense.
State laws can vary about the golfer’s responsibility — if you are even able to determine who hit the ball that struck your car. Review your auto insurance policy and see what kinds of limits there might be for damage to the vehicle that was not caused by a collision.
In most cases, the answer will be yes — this is an injury that happened on your property and your personal liability coverage will often cover this up to your coverage limits on your policy. However, some policies may have exclusions, so it is important to know what is covered and what might not be.
The risk of being hit by a golf ball will clearly be higher than average — whether that stray golf ball hits a houseguest, your home, or your car. When you choose to live on a golf course, you are assuming a certain amount of risk for potential damage from slices and hooks.
However, not everyone who golfs can hit the ball straight and consistently make it to the fairway or the green. This means that if you decide to live on a golf course, you should take a close look at your insurance policies. The risk of being hit by a golf ball will clearly be higher than average — whether that stray golf ball hits a houseguest, your home, or your car. When you choose to live on a golf course, you are assuming a certain amount of risk for potential damage from slices and hooks.
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.
The guy who sent in this question, Ivan Porrata, said the golf course management told him the golfers are responsible for damage, and that they hoped the golfers would acknowledge their errant shots, especially if the driver could identify them.
Via McDaniel, Senior Assistant City Attorney Jannice Ashley e-mailed this brief statement: “Lessee (Pope Golf) is completely responsible for any and all claims and has agreed to indemnify the city for any and all claims. I see no exception — see Article 17 of lease.”
“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….
I should note that the golf holes by the road are lined in one place by a 6-foot high fence and in others by Leyland cypresses that are more than 20 feet high, a pretty good barrier.
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.