Quote:
Originally Posted by Ragman
I wish a Florida attorney would wade in on this question.
It would appear to me two factors would come into play:
1) Was the golfer intentionally hitting the shot close to the house, road etc, or was it simply an "bad shot" which couldn't be foreseen?
2) In TV the golf courses are always constructed prior to lot sales so purchasers are aware there is risk to one degree or another and assumption of risk comes into play. I have a friend that while searching for a lot would sit on the site in his golf cart to see if it was" in the line of fire". For instance houses 150 to 200 yds to the right on par 4 and 5 holes are a magnet for poor shots.
I don't believe a golfer should be held responsible for damage if he/she is playing the course as intended to the best of their ability. Golf courses aren't suited for houses to be built in either side like gutters on a bowling alley.
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Ragman: The example you cite has some real difficulty. How do you prove or disprove the intent; unless the golfer admitted before making the shot that he/she was aiming for the house....and even then his/her announcement was that the intent was to attempt a fade/draw and that was why he/she flew the ball so close to the house.
A poster early made comment that the insurance company wouild not pay a claim because it was not intentional. Someone has misunderstood. An intentional act is not covered under insurance policies negilence is.
and the insurance company could have paid up to $500 for the property damage of others irrespective of the legal situation.