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Originally Posted by Muncle
Several people have commented that it doesn't matter who is liable, that the golfer should pay. That's a nice concept, but as many find out in law, there's a world of difference between what should be and what is. The Lynhaven web site quotes a lawyer who cites trespass claiming the golfer is legally liable. Others have cited a variety of sources showing no "legal" responsibility for the golfer. After reading all the posts, I don't know where the liability lies. :dontknow: One lawyer says one thing, but somebody had to finish at the bottom of the class, so who knows. And as we know, just because a law is interpreted one way in Arizona or California doesn't mean it applies Florida.
It's kinda like driving a roundabout. Yes, everyone should drive carefully and everyone should yield to avoid an accident, but there is a legal position on who has the right-of-way. Just because we don't know it or ignore it doesn't mean it doesn't exist. Re liability for an errant golf ball, there is a legal position. Just because it's the ethical thing to do (in our opinion) doesn't mean it's the legal thing. If you have a home in the danger zone  you'd best have a valid legal ruling when considering insurance. |
Think that the lawyer on the Lynnhaven web-site quoted is right about a golf ball hitting a house being a "trespass" but there is the practical matter of identifying the ball hitter with getting the name, address, and phone number and probably insurance information of the responsible golfer as well as getting reliable witnesses in case the guy or gal just says he or she did not do it. There is also the practical matter of whether or not pursuing a suit if needed would be worth the cost and all the related matters.
If all the bases have been covered with documentation of witnesses and the like, small claims court could be an option I suppose.
Also remember that property law was the most illogical and very much state to state variable while in law school. The Florida cases in the area would influence how things would turn out if some kind of legal battle heated up.