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.
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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 because a shot goes out of bounds.
We are playing the same course yesterday and a guy playing with us says the golfer has no responsibility for a broken window in Missouri. The homeowner assumes that when he moves there. This true?
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.
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.
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.
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.
The homeowner usually assumes the risk of damage and may wish to insure against this event. Golfers may be responsible for damage but collecting is usually difficult and impractical.
Most likely, you will need to file a claim on your car insurance policy under comprehensive coverage if your vehicle is damaged at a baseball stadium or golf course. You probably will not know who caused the damage, and the stadium or course will not accept liability.
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.
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.
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.
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.
In yet another exception to the rule, a California appeals court decided a golfer who mistakenly hits someone with his golf club may be held liable for negligence. Being hit by a golf ball is an inherent risk of the sport that everyone appreciates, but being hit by a golf club is not.
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.
If your ball is moved by an outside influence, such as an animal or a spectator, there is no penalty to anyone and the ball must be replaced. If your ball is moved by a natural force, such as wind, water, or gravity, you will usually play the ball from its new location without penalty.
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
It’s called “errant golf ball liability” when a stray golf ball hits someone’s window or causes other damages unintentionally, WMBF reported.
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.
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.
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.
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.
If he still does not cut the tree, you may want to send a nice certified letter expressing your concerns and putting him on notice of the potential for 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.
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
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
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.
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.
I've heard many arguments on this topic. Did a search of this forum but did not pull up anything so I'll pose the question.
One of these days, I am going to get my camera out and post pics of our course and the fairways which are lined with houses. So far, I've had good luck not causing any damage but I have had a couple of close calls out there. Mostly just hit rooftops and such.
IMO the person hitting the ball is responsible for whatever the outcome is. If the outcome is a window getting broke in a house on the course and I hit that ball then I am responsible for fixing the window. If the owner tells me, "oh its okay the insurance will take care of it", then lucky me.
IMO the person hitting the ball is responsible for whatever the outcome is. If the outcome is a window getting broke in a house on the course and I hit that ball then I am responsible for fixing the window. If the owner tells me, "oh its okay the insurance will take care of it", then lucky me.
Are you sure about this? Golf Digest just had an article about this and they seemed to indicate that in most cases it has been found to be the homeowners responsibility. Here is the link: http://www.golfdigest.com/search/index.ssf...worsthomes.html
Okay . . . The golfer is responsible. Your homeowners insurance will cover any damage. I keep a couple of my agent's business cards in my bag just in case.
The question regarding your saga boils down to determining the club's legal duty if business invitees on their property, i.e. golfers paying to use their golf facility, regularly cause damage to your person or property as a result of their activity.