View Full Version : Errant Golf Ball
pakirk
06-07-2010, 03:00 PM
With so many homes on the courses in The Villages, are homes often hit with errant golf shots. If so, and lets say a window is broken, is the golfer responsible?
hoseman
06-07-2010, 06:53 PM
That is correct, the golfer that hit it is responsible for any consequences of ill flight.
784caroline
06-07-2010, 07:07 PM
I am not so sure that is the correct answer...... from a legal perspective unless one can show their was deliberate intent to cause harm to the property which is unlikely. NOw if we are talking from a moral perspective that a different story.
chuckinca
06-07-2010, 07:20 PM
Next time I hit someone with my car, I'll be sure to tell them that it wasn't deliberate.
.
zcaveman
06-07-2010, 07:25 PM
If anyone has watched me hit a golf ball they know I could not hit a window deliberately. Heck I cannot even ht a green!:a040:
SALYBOW
06-07-2010, 08:13 PM
I think I better quit golfing, if that is what one would call it when I do manage to hit that little tiny sphere. :1rotfl: Me golfing...:cus: I wonder if the people on the golf courses would be surprised by a broken window or two. If I were they, I would expect it.:throwtomatoes:
collie1228
06-07-2010, 08:39 PM
This is from a Bill Pennington article in the New York Times:
"Some follow golfing etiquette: You break a window, you pay for it."
"Most courts, however, instead rule that homeowners assume risk when they move adjacent to a golf course, said Dalton B. Floyd Jr., a South Carolina lawyer whose practice regularly involves golf-related litigation and who has been a consultant to the Professional Golfers Association of America."
This is a classic gray area. Courses have an obligation to fix a problem if the cause of the damage is the design of the course, but building a house 150 -200 yards from the tee area on the right side of a fairway is an invitation to disaster, and is not the fault of the course owner.
I suggest you build your house right behind the flag - safest place on the course! Or if you are the poor soul getting sliced golf balls hitting your roof and walls, put up a no trespassing sign and collect the golf balls. Some of them cost over $4.00 each!
Russ_Boston
06-07-2010, 09:07 PM
I think the last post may confuse golf course owner with golfer. The course may not be responsible but the golfer may be. We have discussed this before but I forgot what the legal findings were.
zcaveman
06-07-2010, 09:25 PM
Personally, I think if you buy on a golf course, you assume the risk. You should make sure that your homeowners insurance covers the damage.
While the TV sales people might sell the view, it is up to the buyer to check out the risks involved.
beartrack
06-07-2010, 10:21 PM
I was a member of the amenities board in my last community. A golfer and a homeowner got into a heated dispute over the golfers ball striking the homeowners roof. The errant shot knocked a tile loose. The homeowner came running out of his house screaming and cussing the golfer. The golfer said " If you are going to behave like that then I have nothing further to discuss with you. The homeowner complained to us ( The Board ) and was told that our decision was, that it was not a board matter and if you can not settle it between you, then go to court. The homeowner did. The judge's decision was," If the course was there when you built or bought your home, then neither the golfer or the community is responsible for any damage caused by an errant golf ball, as you should have been aware of the perils involved by living on a golf course. If the course had been built after you bought your home and you were not made aware of the fact that a course was going to be built behind your home before you purchased it, then the golfer and/or the course may be responsible ".
The moral of the story;
The golfer told the judge that if the homeowner did not behave like an ass, he would have paid for the mans damaged roof tile.
HOMEOWNER--- $4,700.00 for lawyer and court costs.
REPAIR--------- 35.00
GOLFER-------- 0,000.00
getdul981
06-07-2010, 10:43 PM
As pretty as it may be, I don't think I would want to live directly on a golf course. If I did, I would definitely look into having plexiglass installed in my windows. I also don't think that slate or tile would be a viable option for roofing material.
l2ridehd
06-08-2010, 07:13 AM
There are two answers to this question. The legal answer is that the golfer is not responsible. The moral answer is that if I cause damage to someones property and I can resolve the damage in a reasonable manner, I will.
The example used by the person who came running out screaming, I might have reacted the same way. However if I break a window and I know I did it and I can pay for the damage, it is the right thing to do. Treat others how you would like to be treated and everyone enjoys life a lot more.
Talk Host
06-08-2010, 07:27 AM
How about that house at the #9 tee box at Torre Pines. I'm guessing that it has been hit 12,763 times.
If you want to live on the golf course you have to accept the risk. Their is a inexact science on where the home should be to minimze ball strikes.
:boom::boom:
Taltarzac
06-08-2010, 11:35 AM
With so many homes on the courses in The Villages, are homes often hit with errant golf shots. If so, and lets say a window is broken, is the golfer responsible?
Here's a link--
https://www.talkofthevillages.com/forums/showthread.php?t=12826&highlight=errant+golf+ball
NJblue
06-08-2010, 12:56 PM
Saying that a homeowner who chooses to live on a golf course should accept the risk is one way of looking at it. Of course, another way of looking at it is, if you are a golfer who chooses to play on a course with houses around its perimeter, then you should accept the risks of your faulty behavior. If you don't want to have to pay for damages that you cause, just play golf on courses that don't have houses close by. If that means outside the Villages, so be it.
Saying that a homeowner who chooses to live on a golf course should accept the risk is one way of looking at it. Of course, another way of looking at it is, if you are a golfer who chooses to play on a course with houses around its perimeter, then you should accept the risks of your faulty behavior. If you don't want to have to pay for damages that you cause, just play golf on courses that don't have houses close by. If that means outside the Villages, so be it.
If you accept the inherent risk of being next to a golf course also accept the fact that a golf ball may occasionally visit your property
NJblue
06-08-2010, 01:16 PM
If you accept the inherent risk of being next to a golf course also accept the fact that a golf ball may occasionally visit your property
Yes, that's true. But it doesn't necessarily follow that you also accept the need to pay for someone's faulty shot.
If your logic was applied to life in general then if you are driving out on the road and someone hits you, then you should be prepared to pay for the damages to your car. Afterall, when we drive a car, we know that we are putting ourselves at risk of being hit (just like a homeowner on a golf course). However, we shouldn't also be held financially liable for the other person's actions - whether it is a bad golf shot or a car accident.
mulligan
06-08-2010, 01:52 PM
I think I just read about uninsured motorist coverage. or was that my imagination.
swrinfla
06-08-2010, 02:17 PM
I think I like my options:
1] Don't live anywhere near a golf course
2] Don't go chasing the little white ball
:pepper2:
SWR
:beer3:
beartrack
06-08-2010, 02:37 PM
Maybe would should request No Fault Golf Ball Insurance or Errant Golf Ball insurance or lets sue the manufacturers that advertise " Longer and straighter " or " More Distance, Greater accuracy " Eliminates slices and hooks " and how about the Golf Pros, what the heck, we could sue them too. They are taking our money so we can hit the ball straight. How about taking responsibility for the choices we make." Oh My, I just love this lot, right on the Golf course, just look at that view and only $50,000 extra. I have to have it so I can watch all the golfers go by while I sip my Martini and text my friends about the simply gorgeous view that I am enjoying". Oh my, a ball just broke my window. I'm going to get that guy and make him pay, or else. Who does he think he is hitting my house. I think he did it on purpose, because he is jealous of my million dollar view. You know what folks ? Life is too short, fix the :censored: window, enjoy the view and get on with your wonderful life in The Villages. No Big Deal !!!!!!!
:thumbup: :highfive:
Pturner
06-08-2010, 03:02 PM
If I lived on a golf course, I'd probably consider that an errant ball might come through a window, and that the golfer who hit it might fess up and offer to pay-- or not.
If I were the golfer in the situation, I'd offer to pay. If I were the homeowner, I'd feel lucky if the golfer offered to pay.
Basically, I would take responsibility for the risks I assumed and would take responsibility for an accident I caused. I realize not everyone would. But is it really more complicated than this? Stuff happens.
Yes, that's true. But it doesn't necessarily follow that you also accept the need to pay for someone's faulty shot.
If your logic was applied to life in general then if you are driving out on the road and someone hits you, then you should be prepared to pay for the damages to your car. Afterall, when we drive a car, we know that we are putting ourselves at risk of being hit (just like a homeowner on a golf course). However, we shouldn't also be held financially liable for the other person's actions - whether it is a bad golf shot or a car accident.
Most people carry uninsured motorist insurance and collison to cover accidents. Using your car logic owners of houses on Golf courses should carry extra insurance for damages from golf balls.
NJblue
06-08-2010, 05:11 PM
Most people carry uninsured motorist insurance and collison to cover accidents. Using your car logic owners of houses on Golf courses should carry extra insurance for damages from golf balls.
So, if you were driving your pretty classic car down the road and someone hit you and just waved and said, "Sorry, I didn't mean to do that, but I assume you knew the risk of driving". You would just wave back and say, "Hey, no problem dude, I have insurance for that and don't worry about the deductible either since I assumed the risk of coming on the road so this one's on me."
PJOHNS2654
06-08-2010, 06:16 PM
most people can control the direction they drive their vehicles. Not even the Pros. can control the direction they drive their golf balls all the time. if you live on a golf course get a bird cage or protective coverings of some kind on your windows.
NJblue
06-08-2010, 07:22 PM
As a person new to golf, this discussion has been quite a revelation to me. When I was younger, a golfer friend of mine was extolling on the greatness of the game. One of his points was that it was the game of gentlemen, where golfers regularly called penalties on themselves. Now, I'm a bit surprised to see the number of golfers who seem to think it's perfectly OK to break someone's window and not pay for the damages under the theory that it's the homeowner's responsibility because he had the audacity to buy a home there.
In this string, no one has said whether damage from a golf ball is covered in the homeowner's insurance or not. I am pretty sure the guilty golfer cannot claim it on his insurance policy. Can someone enlighten me.
Pturner
06-08-2010, 11:04 PM
In this string, no one has said whether damage from a golf ball is covered in the homeowner's insurance or not. I am pretty sure the guilty golfer cannot claim it on his insurance policy. Can someone enlighten me.
Well, I know it's not an act of God. I'm pretty sure She hits 'em long and straight.
:plane:
So, if you were driving your pretty classic car down the road and someone hit you and just waved and said, "Sorry, I didn't mean to do that, but I assume you knew the risk of driving". You would just wave back and say, "Hey, no problem dude, I have insurance for that and don't worry about the deductible either since I assumed the risk of coming on the road so this one's on me."
with classic car insurance there is no deductible..........
Building a house on a golf course is more akin to building a house on the infield on Indianapolis speedway than a city street.
beartrack
06-09-2010, 10:31 AM
An errant golf ball is just another name for an accident by a golfer that certainly had no intention of striking a home. A home on a golf course is an accident waiting to happen. Case law has shown time and time again that the accident caused by the errant ball is unfortunate for the home owner but, the golfer can not be held responsible. Now of course we will never get all to agree with the decision made by the judges but, the precedent has been set many times. On the other hand, if those of you that feel uncomfortable with the decision, then by all means pay for the damage. It seems to me that it has nothing to do with honor or comparisons to auto accidents or any other events that have nothing to do with golf. The courts have simply given us choices.
BlueHeronFan
06-09-2010, 10:45 AM
I had a golf ball bounce off my roof one time. The roof of my CAR! Scared the you know what out of me.
I also had a softball foul ball go thru my windshield even though I parked down the street.
Both happened outside of TV.
Just one of the unfair crap shoots of living another day. Better than the other option.
graciegirl
06-09-2010, 10:57 AM
As a person new to golf, this discussion has been quite a revelation to me. When I was younger, a golfer friend of mine was extolling on the greatness of the game. One of his points was that it was the game of gentlemen, where golfers regularly called penalties on themselves. Now, I'm a bit surprised to see the number of golfers who seem to think it's perfectly OK to break someone's window and not pay for the damages under the theory that it's the homeowner's responsibility because he had the audacity to buy a home there.
Not the golfers I have known for 40 years. I agree with PTurner...again. Her post about claiming responsiblity is what I would expect from the golfers that have been on the course with me. Of course every day people surprise me.
Not many homes on golf courses in TV are positioned to get errant balls. It is true that there are more novice golfers on executive courses here and it is also true that even accomplished golfers will hook or slice occasionally. I would look for a home on a championship course and positioned to not be within range.
Not the golfers I have known for 40 years. I agree with PTurner...again. Her post about claiming responsiblity is what I would expect from the golfers that have been on the course with me. Of course every day people surprise me.
Not many homes on golf courses in TV are positioned to get errant balls. It is true that there are more novice golfers on executive courses here and it is also true that even accomplished golfers will hook or slice occasionally. I would look for a home on a championship course and positioned to not be within range.
The science I spoke of..............thanks GG
Kelsie52
06-09-2010, 02:07 PM
We actually just bought a Golf Site on friday --we spent several days parked on the site --watching golfers ----We also took pointers from this site---
Left side of course --most glofers like myself are righty --slice to the right
Home site is on Championship course --cuts down on errant strikes, hopefully
Cart path is on the opposite side of the course ...
If we get hit ---its our problem --we know the risks but we feel the rewards far surpass those ----and anyway I need a supply of golf balls because I send too many through other peoples windows :1rotfl::MOJE_whot:
We actually just bought a Golf Site on friday --we spent several days parked on the site --watching golfers ----We also took pointers from this site---
Left side of course --most glofers like myself are righty --slice to the right
Home site is on Championship course --cuts down on errant strikes, hopefully
Cart path is on the opposite side of the course ...
If we get hit ---its our problem --we know the risks but we feel the rewards far surpass those ----and anyway I need a supply of golf balls because I send too many through other peoples windows :1rotfl::MOJE_whot:
Welcome
Best wishes on you new home
and thanks
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