Full Answer
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.
The general rule is a golfer is liable for causing injury to another if the golfer acts negligently or carelessly. It has been said that golf is a game of exact precision. The slightest deviation of the club from a perfect position during the swing will cause a golf ball to do many peculiar things.
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.
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.
Bruce Ward Bain. No, you're not liable. The golfer you hit assumes the risk of being hit by errant balls while he / she plays golf.
The question has been asked if you are hit by a golf ball on a golf course is an Assault. The short answer is no. The person hitting the golf ball must have acted recklessly or intentionally when they hit the ball. Just because some hit a bad shot that hit you, that does not constitute an assault.
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.
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.
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.
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.
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.
In Australian slang, a "tragic" is someone whose interest in a particular sport or activity is so strong that other people find it strange or silly.
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.
Golfers are responsible for their conduct and play, including errant shots that may result in property damage or personal injuries.
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.
You also have to catch the golfer! 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.
Generally, cases against golfers who hit an errant ball at another person are difficult to win because the risk of hitting another player or a spectator or a walker must be reasonably foreseeable.
The Royal and Ancient, who make the rules for golf in the UK, states on the back of its tickets that spectators assume all risks and whilst disclaimers against responsibility for personal injury are not always enforceable, the warning is there. Return to news headlines.
In the Scottish case of McMahon v Dear, Court of Sessions [2014], a ball spotter at the Scottish Amateur Champion of Champions contest in 2009 lost his case for being blinded by a ball hit by a professional player on the basis that the golfer, who hit the ball in the ordinary course of play, had not committed an error of judgement that a reasonable competitor would not have made and he could not have seen the claimant when he hit the ball. The court therefore found that breach of duty had not been established. The court added that the risk of being hit by a ball was implicit in the role of ball spotting taken on by Mr McMahon.
Many golf courses have public rights of way through them, or even public roads where people might drive their cars or cycle and there are usually clear rules and/ or warning signs on the course itself and on scorecards saying that players must wait for walkers to clear the fairway before hitting the ball. Failure to do so would create ...
Golf courses will need to protect themselves from being potentially liable if they do not make course specific rules where there is a foreseeable risk of injury.
No golfer intends to hit a ball onto another fairway or out of bounds into a person’s garden and so the golfer, depending on ability, has a reasonable expectation that the ball will travel more or less where it is intended to go subject to some deviation within that 30 degree cone.
The court added that the risk of being hit by a ball was implicit in the role of ball spotting taken on by Mr McMahon. Essentially, each case is likely to be judged on its own merits.
Whether you are liable depends upon whether you were negligent, i.e. not acting with reasonable care for the safety of others on the course at the time of the incident. Simply because someone was hit with a golf ball does not mean the person who hit the ball was negligent. A bad shot that injures another does not of...
It depends upon tthe circumstances of what happened and what you mean by "hit ..by accident". Whether you are liable depends upon whether you were negligent, i.e. not acting with reasonable care for the safety of others on the course at the time of the incident. Simply because someone was hit with a golf ball does not mean the person who hit the ball was negligent. A bad shot that injures another does not of...
When you hit a golf ball astray and are sure you will never see it again, you will need to play another shot from the spot where you hit the initial shot, under a penalty of stroke and distance.
Since the new lost ball rule came into effect in 2019, the maximum time you are allowed to spend looking for a lost golf ball is three minutes. Your time starts when you or your caddy reach the point where you believe the ball to be lost and commence your search.
The USGA announced a new local rule that provides an alternative to the traditional stroke-and-distance penalty for a lost ball out on the golf course. The rule has been introduced to speed up the pace of play and allows golfers to play on without returning to the location of the previous stroke.
If you lose your ball in a lateral hazard (in water that runs parallel to your direction of play), you can drop your ball within two club lengths of where it entered the hazard, providing it’s no closer to the hole. In fact, the same is true of any other water hazard.
For instance, if you’ve hooked one so far wide that you can’t get to the spot where you think it landed, there’s no need to try and look for it.
If a hole runs along the parking lot, for example, you probably want to steer clear of spots right up against that hole to help prevent your car from getting hit.
According to an agent at Allstate, golf balls qualify under "fallen objects.". So, if the guy whose car got hit was actually covered by Allstate, and had comprehensive coverage, he'd be covered. This coverage comes along with the use of his deductible.
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.”
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.
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.