Quote:
Originally Posted by blueash
I am sorry that you are in the line of fire and that people don't yell "fore", however, just to clear this up.... Who pays for golf ball damage to a condo? - Sun Sentinel
Legal experts say being in the line of fire comes with the territory when you buy into a condo or homeowners community that borders a golf course.
"The golf courses were not built overnight," said Donna Berger, of Katzman, Garfinkel and Berger, one of the largest community association law firms in the state. "I live on a golf course, too, and have had to deal with damages. But as the law sees it, owners assume the risk when they move in." She said it is similar when home buyers purchase a home near an airport. It is difficult for them to file a lawsuit based on airplane noise.
She said Florida and other states have routinely upheld that principle, adding that an owner may have grounds for a lawsuit when the golfing-related damage rises to the level of a general nuisance, such as a home or unit being struck on a regular basis."
and this If you live around a golf course, you assume the risk of being hit with golf balls |
Granted it's a different state, but I worked at a golf course in Massachusetts that was forced to reconfigure one of it's holes after a class action lawsuit was brought.
The course was built in the early 1900s. A developer bought a large tract of land adjacent to the course in the 1960s and built a number of houses and streets etc.
The third hole which was a short par four was along the boundary of the course and the development. The course put up a tall fence in order to prevent balls from going into the yards which were right over the fence. It didn't help because balls were going over the fence and some were reaching houses on the other side of the street from the houses that abutted the course.
The residents got together and sued the golf course which was owned by the town. The court found that although the golf course was there first and the people should have known the risks associated with living next to a golf course, the lives and safety of the general public took precedence over the profits of the golf course.
The golf course converted the short par four into a par three which really detracted from the course as the next hole was also a par three.
By the way, I'm not saying that it's right or wrong, and I always yelled "Fore" because I thought it was the considerate thing to do, but I've seen people who upon hearing "fore" turn to look to see from where the ball was coming and catch it with their face. I've also seen people, upon hearing "fore" run right into the path of a ball. I really think that hearing "fore" only helps if you have some place to run under cover.
All in all I think that yelling "fore" is the right thing to do because if your ball hits someone, at least you can say you warned them. They might also feel better knowing that they were going to get hit as opposed to being totally surprised.