Quote:
Originally Posted by Chellybean
FACT: you can not legally walk away
FACT read the law, God people are ignorant where do you folks get you info?
|
That's not what it says in California law. From lawguru.com:
"The general law on the subject is that the homeowner assumes the risk of damage by living adjacent to the course. Additionally, the golfer is not negligent merely because a shot goes out of bounds. If that were true, then every baseball player to ever play the game would be negligent for hitting a foul ball into the stands. Certainly Tiger Woods hits them out of bounds too every now and then, but he acts as an ordinary reasonable golfer would to play it in bounds. There is clear california case law on these points of law. On the other hand, if the golfer intentionally or recklessly hits a ball at a home, then the golfer may be responsible."
It also depends on what was there first. If a golf course is constructed next to an existing home, damage is treated differently from when the home is constructed adjacent to an existing golf course. There was a case in FL where a golf course had to redesign a golf hole because of damage occurring to a home that was there before the course was constructed.
The standard for "reckless" is not that any wayward shot is "reckless" just because it causes damage. Reckless could be a case where a golfer decides to cut the corner of a dogleg hole by hitting a shot over the homes at the corner.
Regardless of the above, there is a difference between what is legally right and what is morally right. No matter what the law requires, I would feel a responsibility to the homeowner.