Golf "Hit by a ball" Accident

[glgene]

I had a dream 2 nights ago that I bonked somebody on the head with my tee shot. No kidding...I did dream it!

Is the hitter liable for an errant shot and smacks a fellow golfer?

Worst...what if somebody was killed if he/she got smacked in the head? Could the surviving family file a lawsuit against the (1) Golf course, (2) hitter, (3) both, or (4) none?


Gene

[chuckinca]

No Liability - the victim was aware of the danger when they stepped onto the course, had they exercised due diligence they wouldn't be in the same county of such a dangerous place.


.

[glgene]

Are you legally sure, or is that just your opinion? I hope you're right (just in case I ever really do bonk somebody on the head with a flying golf ball).

Gene

[Talk Host]

That would be a perfect way to get away with murder, wouldn't it. If you were a good enough shot, hit the victim with a golf ball, then claim it was a golf course accident.

[BUC]

I broke a guys windshield several years ago with a bad shot (normal for me) and my homeowners insurance paid. I think anyway I gave the guy my agents name and mine. I never heard anymore about the manner. It scared me but I'll bet it scared the guy driving down the road besides the golf course was really scared.

[under55]

Had a guy in our group hit with a ball one day. It took him to the ground and he was dazed for a few minutes. The golfer that hit the ball bought us all a round of beers. Couple of holes later when we were out of beer we asked the guy who got hit to step back out there and do it again.

[graciegirl]

First of all...not to worry Gene. I will always stand way back of you when you tee off.

I have been playing golf for a very long time and Sweetie has played all over the country and across the pond too. We haven't heard of anything like that happening. But...anybody can sue about anything I guess.

Once a long time ago one of my six iron shots went sideways and hit my good friend in the stomach. She was pregnant at the time. Thank God she didn't sue me and the son she was carrying became the third person in her family to be in my class at school. Smart kid and successful too.(He became a surgeon) Doesn't limp or anything. But I digress.

I guess it is a good idea to pray a lot and take golf lessons and be aware of where people are standing when you hit.

I don't think you should worry. Now Kathy can really hit a long ways...........

[chuckinca]

Are you legally sure, or is that just your opinion? I hope you're right (just in case I ever really do bonk somebody on the head with a flying golf ball).

Gene


That's the arguement that has been expressed on TOTV a few times concerning damages to a home on a golf course due to misguided flying golf balls.


.

[Dynasty]

This liability would be covered by your homeowners insurance.

If I am hit and hurt by the group behind me I would sue for the limits of the policy, plus a little more. No excuse for that. That would not be an accident.

Anyone can be hit by a miss-hit ball. That is an accident.

[ajbrown]

http://www.rivkinradler.com/rivkinradler/Publications/newformat/200307dehaven.shtml

[l2ridehd]

It is still the right thing to do to compensate for any damage you cause. Liability is a different issue. Being a good person dictates you are responsible for your actions. If I hit a house, break a window, a windshield, or cause damage because I hit a bad shot, I will do what ever I can to make it right for the other person.

[texasfal]

Don't know if I agrfee with you Dynasty. Would you sue if you were hit by a softball while watching a game at Saddlebrook? Who would you sue? The player who hit the ball? The Villages for not making the fences high enough? The player's manager for putting him in the game when you happened to walk up to the fence? Same principle applies to golf to me. IMHO.

[Bambi]

A couple of years ago, my husband was standing in the back year when a guest of a resident was playing golf and his ball hit my husband on the side of the head. One ambulance ride to the hospital, a CT scan and four staples later he was released. Medicare and BC/BS paid all medical bills except ambulance bill. After several unsuccessful appeals to Medicare and months later, my husband contacted the guest, who lived in another state ( just to settle the ambulance bill). However, the fellow turned it in to his insurance company.
The agent called and offered a several thousand dollar settlement in exchange for a release of liability.

Courts have ruled that an errant ball is considered a "tresspass". Think about it - if you build a house on a curve and a driver plows through it - is it your fault? If you live by an airport and a plane crashes through your roof - your fault? I guess you guys never paid for a neighbor's broken window while playing backyard baseball. My parents taught me to be responsible for my own actions -it has served me well over the years. " I did it - I own it".

[ajbrown]

I had a dream 2 nights ago that I bonked somebody on the head with my tee shot. No kidding...I did dream it!

Is the hitter liable for an errant shot and smacks a fellow golfer?

Worst...what if somebody was killed if he/she got smacked in the head? Could the surviving family file a lawsuit against the (1) Golf course, (2) hitter, (3) both, or (4) none?


Gene

:icon_wink: I think we are missing the point here. The main issue is that Gene is calling out for some help with his dreams. He lives in TV and dreams of hitting people with golf balls? :icon_wink:

Ok, besides my weak attempt at humor, here is a pretty good thread, found on my favorite web site.

https://www.talkofthevillages.com/forums/showthread.php?t=12826

Alan

[Irish Rover]

I live on a golf course in St. Charles, MO. There are outings here at least twice a week and I can't count the times homes are hit by golf balls (rarely a person is hit). If someone comes to the door to make good on a broken window or whatever, it's a miracle. Usually our homeowners policy covers anything over the deductible. Of the cases that have gone to court, almost all have been tossed out. The usual reason given is "you moved into a home on a fairway and should expect balls to occasionally land on or hit your property". Homeowners have even been chastised by the country club for stopping golfers from getting balls that have landed in their yard. Same reason as stated above. We always knock on the homeowners door and report hitting the house - if that happens. I've only had to do it once, years ago. My biggest fear on the course is the grump behind me who decides to hit into our group if he doesn't like the pace of play. He is the kind of person who should be sued.

[swrinfla]

My solution:

Stay off the golf course! :1rotfl:

It's easy for me to say, since my only golfing was a few rounds at a miniature course eons and eons ago!

SWR
:beer3:

[Bogie Shooter]

This liability would be covered by your homeowners insurance.

If I am hit and hurt by the group behind me I would sue for the limits of the policy, plus a little more. No excuse for that. That would not be an accident.

Anyone can be hit by a miss-hit ball. That is an accident.
What color golf cart do you have?

[glgene]

Many, many thanks for the wide assortment of responses...serious and funny!

I don't think saying you yelled "Fore" would cut mustard in a court. If you killed someone, he certainly couldn't attest you said that 4-letter word.

My dream that I creamed somebody with my driving shot really spooked me. It isn't the first crazy dream I've had.

By the way, it was a wicked slice! <g>

Gene

[golfnut]

If I did any damage I would call my insurance company, I don't pay thousands of dollars a year for insurance to have to dip into my pocket. Bogie, I drive a blue cart....GN

[Whatever]

Each case will have to stand on it's own merits

[Bogie Shooter]

If I did any damage I would call my insurance company, I don't pay thousands of dollars a year for insurance to have to dip into my pocket. Bogie, I drive a blue cart....GN

Just did not want to be playing behind you.