who is responsible for damage to a house on a golf course

by Margot Auer 5 min read

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.Jan 3, 2017

Who is responsible for personal property damage caused by golfers?

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.

Is a golf course at fault for damages to my property?

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.

Should homeowners insurance cover damage caused by golfers?

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.

Who is liable for golf ball damage to a golf course?

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.

Are golfers liable for property damage?

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.

Who pays for broken windows on a golf course?

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.

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.

How do I protect my home on a golf course?

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.

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.

Is a golfer liable for hitting a car?

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.

Who is responsible for errant golf shot?

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.

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.

Who is responsible for damage caused by a golf ball in Florida?

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.

Will a golf ball break plexiglass?

We put plate glass, also known as float glass, through a tempering process to make it less likely to break, but with enough force, it will break. At close distance, golf balls, like hockey pucks, really can cause damage to a piece of even thick tempered glass.

How do I protect my golf balls from my back yard?

Cimarron Golf Barrier Netting is the perfect golf ball impact absorber for areas that require protection from wayward golf balls. Our heavy duty 7/8" mesh used to create this netting is constructed of polyethylene to provide maximum sunlight life, as well as remain water resistant.

Will a golf ball break tempered glass?

Generally, fully heat tempered glass will be a good option for deflecting golf balls. Just like most building materials, the thicker it is, the stronger it will be.

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.

Should homeowners insurance cover golfers?

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.

Frequently Asked Question

If you have hit the house unintentionally, the homeowner can consult with the insurance to handle the damage. In some cases, it could be a mutual approach from both you and the victim. But in case the victim proves a reckless or intentional hit, you’ll have to bear the damages.

Wrapping Up

And after going through several cases, possibilities and factors, I feel like usually, it’s the victim facing the damage who needs to sort things out. Having enough proof against the golfer or the course can help in winning some compensation. But usually, the thing is pretty trick.

Why did the banker lose?

The banker was a 5 hdcpr. He lost because he knew he could hit an errant shot at anytime, but still decided play the course, surrounded by homes anyways. The judge also said the lady had a great expectation of safety from errant golf shots while sitting inside her own home. Edited December 24, 2015 by Patch.

Is the NFL liable for concussions?

It's kind of like how the NFL isn't liable for the injuries caused to players while playing football, but they are liable for some damage caused by concussions because they specifically covered up the dangers of concussions and did not adequately protect players to prevent permanent damage from concussions. Quote.

Who is responsible for hitting a golf ball at home?

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.

What happens if you live on a golf course?

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.

Does insurance cover golf balls?

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.

Does comprehensive insurance cover damage?

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.

Is golfer responsible for homeowners insurance?

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.

Golfers or Golf Balls Trespassing on Florida Property

A person who enters another person's property without permission is trespassing. Trespass is one of the oldest civil law claims. In order to claim a trespass, you must have warned the trespasser and asked them to stop, and there cannot be a valid reason for the trespasser's presence.

Exceptions to Trespassing Laws in Florida

Entry onto land without the owner's express consent or invitation might be permissible under certain circumstances. Emergencies are one of these circumstances.

Florida Property Law and Golfers

Under Florida property and real estate laws, golf course communities almost always have a section in their deed restrictions, easements, and covenants that allow golfers to retrieve their errant balls on residents’ properties.

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.

More Resources

Marauding golfers and destructive balls are rare in most communities, but figuring out what law applies can be difficult. If a problem is severe, you can seek the advice of an experienced real estate attorney in Florida. Or you can find more general information on this topic in FindLaw’s real estate law and neighbor law sections.

Richard D. Hayes

Nearly every golf course community has Declarations of Covenants, Conditions and Restrictions. Many have specific provisions for homes that abut the golf course and it is quite common to find a specific provision dealing with assumption of the risk and no liability to the golf course or players for errant balls.

Kevin Matthew Koel

Your son's actions would be considered negligence or perhaps trespass. Your son's defense is that of assumption of risk. Liability is going to come down to if she can prove your son acted intentionally or recklessly (beyond just negligently).

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