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.
No matter the outcome, homeowners will be the ones who pay the price, either by finally supporting the course and the club in their backyard or by the loss in the value of their homes. Forbes Real Estate Council is an invitation-only community for executives in the real estate industry. Do I qualify?
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.
Essentially, property values were being subsidized by the golfers and club members supporting the club. The business plan for these courses assumed some level of membership for most people who purchased in the communities to support and maintain the facilities.
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 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.
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.
“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.
You will most likely either have to pay out of your own pocket or by filing a claim on your car insurance policy. You can hope that, if the at-fault party comes forward or is caught red-handed, the moral obligation will take over, and they will volunteer to cover the damages.
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.
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.
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.
Install roll down panels to prevent golf ball damage: Roll-down panels are a non-permanent solution to protect your home from golf ball damage. These panels are usually made with strong vinyl or polyester. Before you get them installed, make sure to talk to your contractor to ensure they are golf ball-proof.
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 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.
When a golf ball is hit, it compresses. Depending on the speed at which it is hit, the golf ball can compress incredibly small compared to its original size. When a golf ball lands, it also compresses again, but not nearly as much. If a golf ball travels at you, when it hits you, it will yet again compress.
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.
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.
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.