Window broken by errant golf ball yesterday

[zummy]

Our bedroom window was broken by an errant golf ball

[dewilson58]

Unfortunately, I believe you assume the risk being the last on the golf course.

Who was there first???

Golf course first, Golfers second, Homeowner last.

As long as there was no intent by the golfer.

[4$ALE]

https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/golf-ball-breaks-window-139210/?highlight=broken+window :popcorn:

[MsPCGenius]

Errant Golf Ball Damage? Here’s Everything You Need to Know Golflink.com (https://www.golflink.com/lifestyle/errant-golf-ball-damage)

[retiredguy123]

OP, why don't you be a responsible adult and accept that you live on a golf course and the golfer was just playing golf? It was not his fault.

[BrianL99]

Our bedroom window was broken by an errant golf ball yesterday on the seventh hole on Bonifay Fort Walton. They had to know they did it and even apparently retrieved their golf ball. Their Home owners insurance will pay for the repairs. Everyone in their group had to be aware of this. Please step up and be a responsible adult and contact us or your insurance company to contact us anonymously. Tom and Teresa Zumbrook, 705 Bradford loop, the villages fl. 32163 thank you

315-247-0723


If you buy a home on a golf course, that's what happens. You wanted to live on a golf course, you assume the liability.

[MrFlorida]

Sorry, but that's life on the golf course.

[Babubhat]

An assumed risk by homeowner covered by homeowners insurance. The rest doesn’t matter

[MrChip72]

Even if someone admits that it was caused by their golf ball, does the OP expect for the insurance company to sue the golfer or something? Window replacement is cheaper than a lawsuit.

[Boffin]

Spoken like a non-golfer living on a golf course.

[tophcfa]

It’s the risk assumed when choosing to live on a golf course. Might want to consider replacing the window with plexiglass. Look on the bright side, a broken window is a much lower risk than having the owner of the golf course tear down the clubhouse, restaurant, and other facilities and building Villas where the facilities used to be. I’d be way more concerned about that happening now that precedent has been set.

[MrChip72]

Spoken like a non-golfer living on a golf course.

Sounds about right. I've had more than a few occasions where myself or someone in my golf group hit someone's home with their ball. I feel like 9 times out of 10 we would have no idea if we broke a window. It's not like the window would normally make a loud shatter noise like you would see in a movie.

Would we trespass to assess the damage, or retrieve the ball? Never.

[BrianL99]

Spoken like a non-golfer living on a golf course.


I'll bet $100, he also has a "No Trespassing" sign ... if not, the sign says: "No Looking for Balls".

[dhsmith]

Come on guys lighten up how can it not be the golfers fought for breaking the window a responsible honest person would have left a note with their info, at least that’s what I taught our kids to do.

[retiredguy123]

Come on guys lighten up how can it not be the golfers fought for breaking the window a responsible honest person would have left a note with their info, at least that’s what I taught our kids to do.
Not the golfer's fault. He just hit a bad shot. It happens. The OP's claim that the golfer's insurance company should pay is ridiculous.

[Bill14564]

Not the golfer's fault. He just hit a bad shot. It happens. The OP's claim that the golfer's insurance company should pay is ridiculous.

Entirely the golfer's fault (unless a bird grabbed the ball and tossed it at the window). The golfer caused the ball to fly through the air, the golfer was solely responsible for the trajectory of the ball, it was the golfer's fault that the ball hit the window.

The golfer is not responsible for fixing the window. Errant golf balls are a risk accepted when purchasing a home on a golf course, just as alligators are a risk accepted when purchasing on water. The golfer has no obligation to fix the window.

[mtdjed]

Our bedroom window was broken by an errant golf ball yesterday on the seventh hole on Bonifay Fort Walton. They had to know they did it and even apparently retrieved their golf ball. Their Home owners insurance will pay for the repairs. Everyone in their group had to be aware of this. Please step up and be a responsible adult and contact us or your insurance company to contact us anonymously. Tom and Teresa Zumbrook, 705 Bradford loop, the villages fl. 32163 thank you

315-247-0723

While I feel bad for your misfortune, I think your expectations are out of order. Houses built on golf courses are at risk and you the owner know that. You can mitigate your risk.

The golfer is the guest of the golf course. They do not bear responsibility unless negligent.

If I inadvertently broke a window, I absolutely would not go searching for the owner or even leave my address and name. Especially after I read your expectations. Too much chance of conflict. I would notify golf course ambassadors and let them do what they are trained to do.

It would seem that The Villages should put some warning/expectation into the covenants to alert buyers of golf course properties of these risks.

[Stu from NYC]

Before we bought our house rented one on a golf course. They had metal screens covering windows.

More than once heard a bang inside the house. Taught that is not where we want to be

[retiredguy123]

Entirely the golfer's fault (unless a bird grabbed the ball and tossed it at the window). The golfer caused the ball to fly through the air, the golfer was solely responsible for the trajectory of the ball, it was the golfer's fault that the ball hit the window.

The golfer is not responsible for fixing the window. Errant golf balls are a risk accepted when purchasing a home on a golf course, just as alligators are a risk accepted when purchasing on water. The golfer has no obligation to fix the window.
Terminology. I would call it a mistake, not the golfer's fault.

"Mistake is generally used when something wrong happens inadvertently and there was no prior intention to do the 'mistake'. Fault is generally used to communicate the idea that wrong action was done with intention and possibly, malice."

[Two Bills]

Living on golf course is same as having grass lawn in front of house.
$hit happens!:icon_wink:

[Rwirish]

You live on a golf course.

Move on.

[Sandy and Ed]

Unfortunately, I believe you assume the risk being the last on the golf course.

Who was there first???

Golf course first, Golfers second, Homeowner last.

As long as there was no intent by the golfer.
Agree but some might say that if the golfer knew he broke the window perhaps he should have made some effort to contact the owner. Some might also remember what they might have done as irresponsible kids when their baseball went through neighborhood house window. Think about it. What would you have done?? Any altruists out there??

[Sandy and Ed]

while i feel bad for your misfortune, i think your expectations are out of order. Houses built on golf courses are at risk and you the owner know that. You can mitigate your risk.

The golfer is the guest of the golf course. They do not bear responsibility unless negligent.

If i inadvertently broke a window, i absolutely would not go searching for the owner or even leave my address and name. Especially after i read your expectations. Too much chance of conflict. I would notify golf course ambassadors and let them do what they are trained to do.

It would seem that the villages should put some warning/expectation into the covenants to alert buyers of golf course properties of these risks.
well said !!!!

[Bill14564]

Terminology. I would call it a mistake, not the golfer's fault.

"Mistake is generally used when something wrong happens inadvertently and there was no prior intention to do the 'mistake'. Fault is generally used to communicate the idea that wrong action was done with intention and possibly, malice."

Absolutely. There is no indication the golfer intended to hit the house (actually, there is no indication of anything other than a window was broken). A mistake.

[josephchiro]

It IS the golfer's "fault"....he's just not liable

[josephchiro]

It IS the golfer's "fault" however, the golfer is not liable

[dewilson58]

Agree but some might say that if the golfer knew he broke the window perhaps he should have made some effort to contact the owner. Some might also remember what they might have done as irresponsible kids when their baseball went through neighborhood house window. Think about it. What would you have done?? Any altruists out there??

1st: I was sharing the legal prospective. OP didn't seem to understand.
2nd: "Irresponsible kids"..........probably not, could be jus as an accident as well.
3rd: Living on a golf course vs. baseball in a neighborhood.........very different.

Altruist..........Probably not that snowy white, but would pay for the window,
(except that guy on #4 Destin) :a040:

[banjobob]

Hazards of a “golf course” view you expect it to happen !

[RedWingNut]

Common courtesy would be the golfer accepts responsibility for his errant shot, leaves a note or goes back to the home after the round. Why do so many people take such joy in others misfortune with smart replies is beyond me.

[dewilson58]

Why do so many people take such joy in others misfortune with smart replies is beyond me.

U have been on the site for 10 years.

Looks like "many" are expressing opinions & facts...........not taking joy.

:shrug:

[golfing eagles]

1st: I was sharing the legal prospective. OP didn't seem to understand.
2nd: "Irresponsible kids"..........probably not, could be jus as an accident as well.
3rd: Living on a golf course vs. baseball in a neighborhood.........very different.

Altruist..........Probably not that snowy white, but would pay for the window,
(except that guy on #4 Destin) :a040:

ESPECIALLY that guy. On a men's day about 5 years ago someone in my group hit a ball onto his roof while he was in his yard raking. I advised him NOT to go over and apologize but he insisted. The "guy" did his usual act of filming and yelling with his toes right up to the property line so as to not violate his restraining order. Two holes later they came and asked the golfer for info---the sheriff was in the pro shop.

I asked what happened 3 weeks later and the golfer said that he was presented with a bill for $800---the owner claimed the ball hit his gutter and he had to replace them around the whole house! I assumed he did not pay it, but he did---he stated he wanted to avoid "trouble". There is a distinctive difference in the sound of a ball hitting the roof and hitting a metal gutter, so we knew it was BS

First of all, why did the sheriff get involved in something that is purely a civil matter?
And secondly, everyone here (except the OP) realizes the homeowner assumes responsibility for damage caused by a golf ball.
Third, why pay an a$$h0l3?
And the obvious 4th, why do people like that buy on a golf course?

Full disclosure--I live on a golf course

End of rant

[Oneiric]

Our bedroom window was broken by an errant golf ball
Sorry Zummy. Normal golf course etiquette is that the homeowner accepts the risk of living on a golf course.

[MCJEFE]

We get hit all the time. I ended up hanging two pieces of white wire closet shelving, one on either side of my bedroom windows. There is a tiny single zip tie holding them closed. In an emergency we can still open the window and push the wire shelving open. They work great and actually don't catch the eye.

[Villagesgal]

You live on a golf course, you know it can happen. It's a risk you take. I've lived on a golf course 22 years now, an occasional broken window is a risk I'll gladly take for the magnificent view I get to look at every day.

[Rosethorn]

It’s the risk assumed when choosing to live on a golf course. Might want to consider replacing the window with plexiglass. Look on the bright side, a broken window is a much lower risk than having the owner of the golf course tear down the clubhouse, restaurant, and other facilities and building Villas where the facilities used to be. I’d be way more concerned about that happening now that precedent has been set.

Can you please provide details?

I’m new here and just spent a lot of money to buy a house on Tarpon Boils golf course.

Thanks for any explanation.

[Jayhawk]

100690

[Rainger99]

Can you please provide details?

I’m new here and just spent a lot of money to buy a house on Tarpon Boils golf course.

Thanks for any explanation.

This article explains the law.

Who Assumes Liability When a Golf Ball Breaks a Window? - Club + Resort Business (https://clubandresortbusiness.com/who-assumes-liability-when-a-golf-ball-breaks-a-window/)


Are Golfers Responsible For Broken Windows (Or Other Damage)? - justgolfin.com (https://justgolfin.com/are-golfers-responsible-for-broken-windows-or-other-damage/)

[goblue12]

Our bedroom window was broken by an errant golf ball
I do not feel sorry for you at all. You bought on the course knowing this might happen. Fix the window and move on

[pdnesbitt]

Our bedroom window was broken by an errant golf ball

I’m sorry that your window was broken, but I am more sorry about some of the comments in this thread. I usually don’t jump into these forays, but I couldn’t leave this one alone this morning.

I love living in The Villages, but the one thing I hate is the entitled attitude by a few. I know we were all raised differently, but OMG, I sometimes can’t believe what I see and hear here, and the attitude towards golf course home owners seems to be the worst. So here’s how my mama raised me:

1) You damage someone’s property you are at fault. I don’t care if is an errant golf ball, a baseball, or whatever, you did it it is your fault. Under current laws you may not be liable for the damages, but you did it. So, the ethical and neighborly thing to do is fess up and pay for what you did.

2) You hit a stray ball into someone’s back yard, then that ball is no longer yours. It’s out of bounds, Club rules say to stay off private property, and state laws prohibit trespassing; it’s gone. I’m a golfer, I have hit balls onto someone’s property before, and I leave it for them. It’s theirs now.

3) Never, ever hit a ball off someone else’s property. I just can’t believe that someone would think it is ok to trespass in someone’s back yard, which is out of bounds, and hit the ball. The next time I see someone doing this I am calling the police and filing charges for trespassing and destruction of private property.

Those of us with golf course views, just want the same thing as any other Villager, we want to be able to sit on our lanai and enjoy the Florida weather. We don’t want people walking in our yard disrupting our tranquility any more than you would.

The coffee is kicking in now, so rant mode is subsiding, but just one final thought; we are all neighbors, we should act that way.

[BrianL99]

.... but I am more sorry about some of the comments in this thread.

The next time I see someone doing this I am calling the police and filing charges for trespassing and destruction of private property.

Those of us with golf course views, just want the same thing as any other Villager, we want to be able to sit on our lanai and enjoy the Florida weather. We don’t want people walking in our yard disrupting our tranquility any more than you would.

The coffee is kicking in now, so rant mode is subsiding, but just one final thought; we are all neighbors, we should act that way.


This is about the most "neighborly" post I've seen all year.

That "calling the police and filing charges", stuff is what really got me.

[mrf0151]

When a Pro on tour hit someone, it is never the player's fault. The fan or in this case the homeowner assumes all responsibility always.
It would have been nice if this player would have knocked on your door and autographed a glove.

[merrymini]

The person responsible is the golfer who should accept the damage they did and pay for it. If they were honorable, they would do so. I guess the “I am not responsible for anything” mentality does not only exist in the younger crowd it exists in the entitled old people too.

[Justputt]

This is about the most "neighborly" post I've seen all year.

That "calling the police and filing charges", stuff is what really got me.

Within the context of their entire post, it makes sense. Sorry if you don't/won't see that. I suspect it was more tongue-in-cheek unless you have a repeat offender. Their overall post is spot on, e.g. own your own mistakes, fix what you damage, and don't trespass on someone else's property and leave a divot in their yard! The law may be on your side when it comes to the damage, but as I was reminded growing up, the law is a set of rules for resolving disputes and doesn't always track right and wrong.

[golfing eagles]

2)
....You hit a stray ball into someone’s back yard, then that ball is no longer yours. It’s out of bounds, Club rules say to stay off private property, and state laws prohibit trespassing; it’s gone. I’m a golfer, I have hit balls onto someone’s property before, and I leave it for them. It’s theirs now.

3) Never, ever hit a ball off someone else’s property. I just can’t believe that someone would think it is ok to trespass in someone’s back yard, which is out of bounds, and hit the ball. The next time I see someone doing this I am calling the police and filing charges for trespassing and destruction of private property.

..... We don’t want people walking in our yard disrupting our tranquility any more than you would.

Well, not exactly.

Law firm experts on Florida statutes:

"Under most circumstances, a person who enters your property without permission is trespassing. This is almost universally against the law. To claim a trespass, you must have warned the trespasser—asking them to stop. To press the claim, there cannot be valid reason for the trespasser’s presence.

Your property rights extend above and below, which means that someone who digs a tunnel under your property, or who flies a kite over your house may actually be guilty—if prosecuted—of trespassing.

Except for a particular instance in Florida
There are some exceptions to the trespass law. Most of them are in the case of an emergency. For example, the police may pursue suspected criminals across your property. You can trespass onto your neighbor’s property to save it if you saw their kitten fall into the pool. These are, for the most part, all practical and easy to understand.

Until you get to golf balls.

Under Florida property and real estate laws, any golf course community must include a section in their deed restrictions, easements, and covenants that allows golfers to retrieve their errant balls on your property.

In plain English, it means that golfers have a legal right—at reasonable times and in a reasonable manner—to come onto your property to retrieve a golf ball. We are unaware of any restrictions pertaining to the loud color of their Bermuda golf shorts contributing to being unreasonable. Just saying.

When I'm on my lanai "enjoying the Florida sunshine and a golf ball lands in my back yard, I tell the golfer just go ahead and get it.

[airstreamingypsy]

I’m sorry that your window was broken, but I am more sorry about some of the comments in this thread. I usually don’t jump into these forays, but I couldn’t leave this one alone this morning.

I love living in The Villages, but the one thing I hate is the entitled attitude by a few. I know we were all raised differently, but OMG, I sometimes can’t believe what I see and hear here, and the attitude towards golf course home owners seems to be the worst. So here’s how my mama raised me:

1) You damage someone’s property you are at fault. I don’t care if is an errant golf ball, a baseball, or whatever, you did it it is your fault. Under current laws you may not be liable for the damages, but you did it. So, the ethical and neighborly thing to do is fess up and pay for what you did.

2) You hit a stray ball into someone’s back yard, then that ball is no longer yours. It’s out of bounds, Club rules say to stay off private property, and state laws prohibit trespassing; it’s gone. I’m a golfer, I have hit balls onto someone’s property before, and I leave it for them. It’s theirs now.

3) Never, ever hit a ball off someone else’s property. I just can’t believe that someone would think it is ok to trespass in someone’s back yard, which is out of bounds, and hit the ball. The next time I see someone doing this I am calling the police and filing charges for trespassing and destruction of private property.

Those of us with golf course views, just want the same thing as any other Villager, we want to be able to sit on our lanai and enjoy the Florida weather. We don’t want people walking in our yard disrupting our tranquility any more than you would.

The coffee is kicking in now, so rant mode is subsiding, but just one final thought; we are all neighbors, we should act that way.

Clearly we had the same mother raising us. The golfer should have notified the homeowner. Not the least reason, if it hit say a guest room window, when the homeowner was out, air conditioning could be going outside for months. Yes, the homeowner moved to a golf course home, but the golfer who hit the ball is responsible for breaking the window and should make it right.

[golfing eagles]

Clearly we had the same mother raising us. The golfer should have notified the homeowner. Not the least reason, if it hit say a guest room window, when the homeowner was out, air conditioning could be going outside for months. Yes, the homeowner moved to a golf course home, but the golfer who hit the ball is responsible for breaking the window and should make it right.

Morally and ethically, I agree 100% and it is what I would do. However, we are governed by laws, and the law states otherwise. Simply stated, you can't legislate morality.

[Bilyclub]

Our bedroom window was broken by an errant golf ball



I guess they didn't get the answer they were looking for.

[neilbcox]

When you closed on your golf front home you signed a liability release and agreed to make golf ball damage on your property.

[Taltarzac725]

We lived just off one of the golf course holes in Rohnert Park, CA. A wayward golf ball would hit the house rather often. Usually the roof would get the ball. Occasionally one of us would throw the ball out to the golfers if they were still around.


I do miss living just off the golf course. This was Foxtail Golf Course North just across the 9th hole from the Hilton which was the Red Lion at that time. Foxtail Golf Club Rohnert Park - North Course | Sonoma County Golf (https://www.sonomacountygolf.com/course/foxtail-north-course/)


Maybe get something planted so the window is protected. I think we had that in Rohnert Park so that the windows facing the golf course were not vulnerable to bad strokes of the ball.

[Bilyclub]

To add some context to the whole matter. The wind was howling out of the North Monday, but not so much Tuesday.

[SHIBUMI]

If you buy a house on a golf course you bear the blame for any damage done to your property by golf balls. If you buy a house and then a golf course is built near it the golf course bears the blame. In case one it is your insurance company. In case 2 its your lawyer.
In any case, Any interaction with the homeowner can only inflame the situation, best to avoid. Thats why you don't put your name on your golf ball.

[Stu from NYC]

Morally and ethically, I agree 100% and it is what I would do. However, we are governed by laws, and the law states otherwise. Simply stated, you can't legislate morality.

You can legislate morality however it does not work.

Wonder if we can blame the errant golf ball on global warming?

[OhioBuckeye]

Yes they had to know it but you know you had to know when you buy a home on golf coarse this was bound to happen. That’s why they sell Ins.

[SHIBUMI]

So a golfer hits his ball onto a home owners property, he goes in and the homeowner is sitting in a lawn chair, the golfer asks, Did you see my ball? the homeowner opens his hand and says, You mean MY ball now. The golfer goes back to his bag and gets a ball and presents it to the homeowner. The homeowner says, Whats this for? The golf responds, every man(**) ought to have 2.

[golfing eagles]

You can legislate morality however it does not work.

Wonder if we can blame the errant golf ball on global warming?

Well, I think we know at least one poster on TOTV that would try :1rotfl::1rotfl::1rotfl:

[Topspinmo]

Our bedroom window was broken by an errant golf ball

Put canopy’s over you’re windows

[Bruce3055]

well said !!!!

I like the idea of letting the. Golf course shop know you broke a window and going from there.

Directly trying to find the owner (or the renter) could lead to other problems. But I would like the owner know I was sorry.

And then comes the sticker price shock of replacing a window today. (My only reference point is replacing a window 50 years ago). I’d guess hiring someone to replace a window today would cost $100 - 200.

It’s unfortunate some home owner would claim they had to replace their gutters because a ball hit their roof. But it encourages a person to not insist upon contacting the owner.

And finally, although not a part of your post, it’s possible the golfer didn’t realize they actually broke a window from 150 yds away. Many don’t have good hearing

[fdpaq0580]

Responsibility? Errant golf ball does not fly on its own. Someone, usually, hits it. Ball flies into neighbors yard. Ball strikes neighbor. Neighbor dies. Golfer, a. retrieve ball and return to game, b. calls for help.

According to most of the responders sound like they would choose option 'a' and not bother with the corpse the inadvertently created. No different than breaking a window, I guess. Hmm?

[golfing eagles]

Responsibility? Errant golf ball does not fly on its own. Someone, usually, hits it. Ball flies into neighbors yard. Ball strikes neighbor. Neighbor dies. Golfer, a. retrieve ball and return to game, b. calls for help.

According to most of the responders sound like they would choose option 'a' and not bother with the corpse the inadvertently created. No different than breaking a window, I guess. Hmm?

Yeah, you must be right----those two scenarios are morally and legally equivalent:1rotfl::1rotfl::1rotfl:

[Taltarzac725]

Responsibility? Errant golf ball does not fly on its own. Someone, usually, hits it. Ball flies into neighbors yard. Ball strikes neighbor. Neighbor dies. Golfer, a. retrieve ball and return to game, b. calls for help.

According to most of the responders sound like they would choose option 'a' and not bother with the corpse the inadvertently created. No different than breaking a window, I guess. Hmm?

Fore! Beware the wayward golf ball | Golf News and Tour Information | Golf Digest (https://www.golfdigest.com/story/fore-beware-the-wayward-golf-ball-pros-hitting-spectators)

It does happen that someone dies from getting hit by a golf ball. I would be more worried about the broken glass in the OP's situation.

[Bruce3055]

Our bedroom window was broken by an errant golf ball

I liked your later post where you said please contact us. It was a brave post to put your name and phone numbers directly on the post

And it would have been nice if nobody commented on your post except the golfer who hit the shot called to settle up with you. It certainly doesn’t sound like you would claim mental distress to your desired outcome

[Stu from NYC]

I liked your later post where you said please contact us. It was a brave post to put your name and phone numbers directly on the post

And it would have been nice if nobody commented on your post except the golfer who hit the shot called to settle up with you. It certainly doesn’t sound like you would claim mental distress to your desired outcome

This is a golfing community and do you really expect the post would not be of interest to many of us?

[PurePeach]

Our bedroom window was broken by an errant golf ball

Here’s the rule/law: Understanding Florida’s Errant Golf Ball Damage Law – Florida Golf Club (https://florida-golf.club/errant-golf-ball-damage-law-florida/)

[golfing eagles]

Here’s the rule/law: Understanding Florida’s Errant Golf Ball Damage Law – Florida Golf Club (https://florida-golf.club/errant-golf-ball-damage-law-florida/)

Unfortunately, that is not the rule/law according to the majority of sites. Here's one:

"There is no statutory law that governs golf ball liability. However, the Supreme Court of Florida has established that the driver of a golf ball is charged with the duty to exercise “ordinary care” for the safety of persons reasonably within the range of danger. Similarly, several other Florida courts have concluded that an operator of a golf course is not required to maintain the course in such conditions that no accident could possibly happen.

Nonetheless, according to such court rulings, the owner or operator of a golf course does have a legal duty to maintain the course in a reasonably safe condition, commensurate with the facts and circumstances that an ordinarily prudent person would generally exercise. Moreover, if a person knows of the existence of the course before moving into a golf course community, he or she is presumed to have “assumed the risk.” As such, generally speaking, that person cannot hold anyone liable for any damage or physical injury which may result from an errant golf ball."

[Rainger99]

You damage someone’s property you are at fault. I don’t care if is an errant golf ball, a baseball, or whatever, you did it it is your fault. Under current laws you may not be liable for the damages, but you did it. So, the ethical and neighborly thing to do is fess up and pay for what you did.
.

What if you are playing golf next to a highway and you hook the ball into someone's car, breaking their windshield, and causing a crash where people are killed?

Do you think that you are ethically responsible for paying those damages?

[fdpaq0580]

Here’s the rule/law: Understanding Florida’s Errant Golf Ball Damage Law – Florida Golf Club (https://florida-golf.club/errant-golf-ball-damage-law-florida/)

Thanks! Pretty much as I thought, "you do the crime, you do the time", even if is "unintentional".

[golfing eagles]

Thanks! Pretty much as I thought, "you do the crime, you do the time", even if is "unintentional".

Except that's not what the Florida Supreme Court and other lower courts have ruled. Morally, yes you are responsible. Legally, not so much

[fdpaq0580]

t
presumed ."[/SIZE][/B]

Presumptions, like assumptions, are often spouted when trying to make an invalid point.

[fdpaq0580]

What if you are playing golf next to a highway and you hook the ball into someone's car, breaking their windshield, and causing a crash where people are killed?

Do you think that you are ethically responsible for paying those damages?

Ethically and legally. You just described involuntary manslaughter

[golfing eagles]

Presumptions, like assumptions, are often spouted when trying to make an invalid point.

Please point out what is invalid about posting Florida Supreme Court rulings on the subject??? Didn't realize factual posts require your validation

[Rainger99]

Ethically and legally. You just described involuntary manslaughter

I will let the lawyers comment on this but I did a quick google search and I could not find a single case in which a golfer was held liable for a car accident caused by an errant shot.

However, I found this

FORE! PERSONAL LIABILITY OR ERRANT GOLF SHOTS (https://www.trantololaw.com/law-firm-blog/personal-injury/personal-liability-errant-golf-shots/#:~:text=After%20researching%20the%20topic%2C%20I, reckless%2C%20or%20acting%20with%20intent).

This is a quote "The same standard would also apply if an errant shot caused a ball to cross a road near a golf course and either hit a passing vehicle or injure a pedestrian. Without some showing that the golfer was acting unreasonably (lined up facing the road, intentionally made an effort to hit a vehicle, etc.), it would almost certainly alleviate the golfer’s legal responsibility for damages resulting from her or his shot."

[Taltarzac725]

I will let the lawyers comment on this but I did a quick google search and I could not find a single case in which a golfer was held liable for a car accident caused by an errant shot.

However, I found this

FORE! PERSONAL LIABILITY OR ERRANT GOLF SHOTS (https://www.trantololaw.com/law-firm-blog/personal-injury/personal-liability-errant-golf-shots/#:~:text=After%20researching%20the%20topic%2C%20I, reckless%2C%20or%20acting%20with%20intent).

This is a quote "The same standard would also apply if an errant shot caused a ball to cross a road near a golf course and either hit a passing vehicle or injure a pedestrian. Without some showing that the golfer was acting unreasonably (lined up facing the road, intentionally made an effort to hit a vehicle, etc.), it would almost certainly alleviate the golfer’s legal responsibility for damages resulting from her or his shot."


This must happen a lot in the Villages of golf balls hitting houses. I would hope that some reasonable man approaches have been taken. If you live by a golf course you would expect some golf balls to hit your house. And the homeowner should take safety measures .

[Flyer]

Lived on Golf Course. Had two windows broken in one year. One guy totally ignored situation, dropped ball other side of fairway. Other gentleman, gave me his card and insisted I send him the repair bill.
Personal accountability and ethics matter to some.

[Burgy]

Unfortunately, I believe you assume the risk being the last on the golf course.

Who was there first???

Golf course first, Golfers second, Homeowner last.

As long as there was no intent by the golfer.
On that hole it was a very bad shot

[dewilson58]

On that hole it was a very bad shot

an unqualifiable term will not change the law.

:beer3:

[Dusty_Star]

Fore! Beware the wayward golf ball | Golf News and Tour Information | Golf Digest (https://www.golfdigest.com/story/fore-beware-the-wayward-golf-ball-pros-hitting-spectators)

"In most cases, the victims were standing in what ...(is) call(ed) “the hot zone.” That’s the area between approximately 270 and 300 yards from the tee. Often it’s on the opposite side of where the trouble is on a hole."

This is talking about the pro tour. I wonder where the hot zone is in The Villages courses. 125 - 200 yards out?

[golfing eagles]

an unqualifiable term will not change the law.

:beer3:

True, but if you're familiar with Fort Walton #7, and I think you are considering your post about #4, you would agree it IS a VERY bad shot:1rotfl::1rotfl::1rotfl:

[elle123]

Our bedroom window was broken by an errant golf ball
It's considered collateral damage if you decide to purchase a home on a golf course. You might want to wear a helmet when you're puttering about the house.😁

[RCMill531@comcast.net]

Not trying to be insensitive but golfers golf on the courses and do not intentionally hit balls onto houses. I can’t believe anyone would expect them to come to your residence after an incident. If they see you outside, a “sorry about that” would be nice but otherwise, there’s nothing else to be done. You know the risks in living on a golf course.

[Stu from NYC]

True, but if you're familiar with Fort Walton #7, and I think you are considering your post about #4, you would agree it IS a VERY bad shot:1rotfl::1rotfl::1rotfl:

I probably could make that shot that is why I have given up the game until I get around to get another lesson to correct my new bad habit, as opposed to my previous bad habits.

[cjrjck]

I've hit a few houses especially on par 4s on very tight executive courses. No windows yet. Caught a lot of flack from one irate homeowner after I hit the roof of her home. I apologized many times. A few rare times while trying to hit a fade on a dogleg right, I clobbered a few pull hooks, often called double cross hits. They start left and go even farther left. A couple disappeared over the first row of houses to end up who knows where. I imagine I could have hit a house not on the course. I won't ever know I guess. I assume those would be on me.

[dewilson58]

I've hit a few houses especially on par 4s on very tight executive courses. No windows yet. Caught a lot of flack from one irate homeowner after I hit the roof of her home. I apologized many times. A few rare times while trying to hit a fade on a dogleg right, I clobbered a few pull hooks, often called double cross hits. They start left and go even farther left. A couple disappeared over the first row of houses to end up who knows where. I imagine I could have hit a house not on the course. I won't ever know I guess. I assume those would be on me.

You sound like a golfer.

:beer3:

[JRcorvette]

Our bedroom window was broken by an errant golf ball

It is an Assumed Risk living on a golf course. An accident and the golfer is not liable.

Sorry about your window.

[ThirdOfFive]

My wife and I were playing one of the executive courses a few years back (Silver Lake, I think...could be wrong...) and the fairway on one of the holes paralleled a row of houses. My wife's drive bounced into a guy's yard, who was out working trimming some bushes. She asked if she could get her ball back, and the guy cheerfully went over to the ball and tossed it to her. I commented that with such close proximity to the fairway broken windows must be a worry. He grinned, went over to the nearest window, rapped on it and said "Plexiglas!".

Sort of a sad commentary on our society, where somebody might be hesitant to do the right thing because of unforeseen negative consequences. My first instinct, if I did hit a ball that broke a window, would be to tell the owner because that is the way that I was raised. Likewise if I owned a house on a golf course and somebody broke a window with a golf ball I'd expect him or her to tell me. I wouldn't ask him to pay for the window, nor would I accept it if he offered (re-glazing a window is not difficult) though I would mention that if he stopped by with a bottle of good bourbon I'd certainly share a drink or three with him.

Our society has certainly changed, and not in a good way.

[Stu from NYC]

You sound like a golfer.

:beer3:

or a duffer:a20:

[Mr.Big]

You better be careful these days just going on to someone’s property. You could get shot.

[dewilson58]

You better be careful these days just going on to someone’s property. You could get shot.

and the homeowner's bullet could be classified as self-defense.

:22yikes:

[mtdjed]

So a golfer hits his ball onto a home owners property, he goes in and the homeowner is sitting in a lawn chair, the golfer asks, Did you see my ball? the homeowner opens his hand and says, You mean MY ball now. The golfer goes back to his bag and gets a ball and presents it to the homeowner. The homeowner says, Whats this for? The golf responds, every man(**) ought to have 2.

And then the fight began!

[shut the front door]

I find the "if you agree with me, you were raised right, like I was" mentality to be very interesting.
In case you didn't know, Ted Bundy, Jeffery Dahmer, and Paul Bernardo were all "raised right" in loving homes with very normal childhoods. Virtue signaling is not always complimentary.

[mtdjed]

Lived on Golf Course. Had two windows broken in one year. One guy totally ignored situation, dropped ball other side of fairway. Other gentleman, gave me his card and insisted I send him the repair bill.
Personal accountability and ethics matter to some.

So, if driving (a car) on a gravel road and your car throws up a gravel stone which breaks a windshield of the car behind, personnel accountability and ethics should guide one to pay for the damaged caused?

[tophcfa]

And finally, it’s possible the golfer didn’t realize they actually broke a window from 150 yds away. Many don’t have good hearing

Especially when they are shouting “fore” when the glass shatters.

[tophcfa]

So a golfer hits his ball onto a home owners property, he goes in and the homeowner is sitting in a lawn chair, the golfer asks, Did you see my ball? the homeowner opens his hand and says, You mean MY ball now. The golfer goes back to his bag and gets a ball and presents it to the homeowner. The homeowner says, Whats this for? The golf responds, every man(**) ought to have 2.

A house on Lopez has a sign in their yard that says “free beer, tomorrow”. So I knocked on his door and asked for my free beer, he said the sign say’s tomorrow. I explained that I played yesterday so it’s now tomorrow. He went in the house and got my free beer saying he was wondering if anyone would ever think of that angle.

[eyc234]

Come on guys lighten up how can it not be the golfers fought for breaking the window a responsible honest person would have left a note with their info, at least that’s what I taught our kids to do.

You made the mistake of thinking most golfers in The Villages are responsible. Do not fill divets, do not know what a rake is for, what is 90 degree rule and on and on.

[capecodbob]

The guy that hit the golf ball broke someone's window. Why wouldn't you "own up" to your "mistake" and offer to pay for the broken window? You, the golfer, broke the window!!! That is, unless you're not responsible for your own actions or you are some kind of legal weasel.

[MrChip72]

The guy that hit the golf ball broke someone's window. Why wouldn't you "own up" to your "mistake" and offer to pay for the broken window? You, the golfer, broke the window!!! That is, unless you're not responsible for your own actions or you are some kind of legal weasel.

You're assuming that the golf course layout didn't make it much more likely for windows to be hit than what would be considered "acceptable'. In some cases, it's definitely more the fault of the course design than the golfer. Do you believe that the golf course designer should come over and offer an apology and offer to pay when that happens?

[UpNorth]

True story: Many years ago I was playing a course in South Florida when I pushed a shot from about 160 yards out over a large mound on the right. Two ladies (not players) drove out from behind the mound in a golf cart, with one of them saying "you broke my cell phone - what are you going to do?". I was stunned and surprised, then thought it was some kind of scam to get some cash from me.
I just told here I was going to play golf. Then later I met her husband, who was on the course playing in another foursome, and he confirmed that my ball knocked the cellphone out of her hand and broke it. He didn't seem all that concerned, and neither did I. She wasn't supposed to be on the course anyway.

[Stu from NYC]

True story: Many years ago I was playing a course in South Florida when I pushed a shot from about 160 yards out over a large mound on the right. Two ladies (not players) drove out from behind the mound in a golf cart, with one of them saying "you broke my cell phone - what are you going to do?". I was stunned and surprised, then thought it was some kind of scam to get some cash from me.
I just told here I was going to play golf. Then later I met her husband, who was on the course playing in another foursome, and he confirmed that my ball knocked the cellphone out of her hand and broke it. He didn't seem all that concerned, and neither did I. She wasn't supposed to be on the course anyway.

Wow that could have ended differently

[Velvet]

Well, Upnorth, I bet if you had TRIED you couldn’t have hit that cell phone out of her hand. But that is a funny story.

Another incident:

“The doctrine applies to golfers who are hit by errant golf balls or even flying club heads. These types of accidents are considered just part of the sport of golf and are to be expected. A few years ago in Wisconsin, a golfer was struck in the right side of his head by a ball that was hit by his partner. The injured golfer was taken to a hospital and died a few days later due to his injury, which caused a cerebral hemorrhage. No one was liable, since the injured golfer assumed the risk of being hit by a ball when he stepped onto the golf course to play.” Blumenshine Law Group

In my opinion, if you buy a house on a golf course, you take your chances of getting hit. And if you don’t want to, don’t buy on a golf course. Common sense? Trying to blame a player who has no intention to hit your place at all, is ridiculous.

[Black Beauty]

Our home is on Lopez course but across from the tee, and the golf path on the other side...just what we wanted

[Debra Freeman]

:Who is Liable if a Golf Ball Causes Damage in Florida?

A general concern is damage that may be done by errant golf balls. Generally speaking, the golf club, the builder, and the course designer are usually protected from liability from golf ball damage in the same documents described above.

A golfers' liability clause might read like this: "All owners, by acceptance and delivery of a deed to a Lot, assume all risks associated with errant golf balls, and all Owners agree not to make any claim or institute any action against the Community Developer, the Club, the golf course designer, the builder or any other party other than the golfer who caused the property damage or personal injury, arising or resulting from any errant balls or golf clubs.”

This is a long way of saying a homeowner normally assumes (takes on) the risk of damage, and although golfers may be responsible for damage, collecting can be difficult and impractical. Instead, many homeowners choose to purchase homeowner’s insurance to cover such an event.

[PersonOfInterest]

Where would liability fall if a golfer were to hit and cause injury to a person in the yard of a house on the golf course or someone walk along a street adjacent to the golf course?

[FosterMomma]

I would absolutely pay for the window and apologize for my mistake but would do it through the starter shack. People here are way too prone to yelling and threats for me to be comfortable knocking on the door.

[RcCalais]

OP, why don't you be a responsible adult and accept that you live on a golf course and the golfer was just playing golf? It was not his fault.

Quite a strange statement of irresponsibility. If you hit a parked car? Not my fault, I was just going to the store.

[golfing eagles]

Where would liability fall if a golfer were to hit and cause injury to a person in the yard of a house on the golf course or someone walk along a street adjacent to the golf course?

Good question for a lawyer. As an amateur, I would think it might be different for a homeowner (he bought on a golf course and is aware of the risks) than for a pedestrian (may not even know the it's possible to get by a ball on his walk).

[retiredguy123]

Quite a strange statement of irresponsibility. If you hit a parked car? Not my fault, I was just going to the store.
Apples and oranges comparison. The law and the Villages rules are clearly in favor of the golfer. But, when you are driving a car, you are responsible for any damage you cause.

[RcCalais]

I only read a couple of pages before getting tired of so many irresponsible replies (not the golfer's fault(??)). Guess the same applies to hitting a parked car. It is not my fault, I was just going to the store. I didn't tell them to park there.

I never had the chance to verify this but did hear if the homeowner filed a claim on his homeowner's policy he would have to satisfy a deductible. If the golfer filed a claim on his homeowner's policy there is no deductible.

[asianthree]

I never had the chance to verify this but did hear if the homeowner filed a claim on his homeowner's policy he would have to satisfy a deductible. If the golfer filed a claim on his homeowner's policy there is no deductible.

No one with any common sense would file a claim for under $200. One would either pay for it or walk away with the thoughts that you back up to a golf course expect golf balls to hit your house. There are screens that can provide some protection.

That said, there is a house on a course that shall not be named, whose window has broken by a golf ball for about 5 months. Owner comes out screaming (mid 80s or above) you broke my window.

Now did their ball actually hit the window that has been broken for months or hit the house and owner is holding out for multiple events?

[DrHitch]

Simply replace your window with a better lexan solution or screen it....move on. It will happen again in the lifetime of your house.

[Chellybean]

Unfortunately, I believe you assume the risk being the last on the golf course.

Who was there first???

Golf course first, Golfers second, Homeowner last.

As long as there was no intent by the golfer.

B.S. NO ONE ASSUMES THE RISK. Where in gods name did you hear that. Let me guess your a avid golfer. LOL

[Bill14564]

B.S. NO ONE ASSUMES THE RISK. Where in gods name did you hear that. Let me guess your a avid golfer. LOL

Possibly read it in several of the 108 posts preceding this one or in the legal opinions linked from some of those posts.

Perhaps someone who owns a home in the Villages on a golf course could post any special easements/waivers/agreements they signed when they purchased their home.

[dewilson58]

B.S. NO ONE ASSUMES THE RISK. Where in gods name did you hear that. Let me guess your a avid golfer. LOL

Having a bad morning????

Jus go read and you will learn.

Hope your day improves.

[Chellybean]

Possibly read it in several of the 108 posts preceding this one or in the legal opinions linked from some of those posts.

Perhaps someone who owns a home in the Villages on a golf course could post any special easements/waivers/agreements they signed when they purchased their home.

There is NO WAVIER !!!! that's more B.S.
And there is NO Florida Statute that says homeowner assumes the risk!. Everything on this post is conjecture, Unbelievable

[Chellybean]

Having a bad morning????

Jus go read and you will learn.

Hope your day improves.

NO SIR! i just hate when someone states fact as law and doesn't know what they are talking about. Start researching Florida Statute !!!!

[Cybersprings]

NO SIR! i just hate when someone states fact as law and doesn't know what they are talking about. Start researching Florida Statute !!!!

I hate that also. The people stating that the owner assumes the risk have provided quotes from the Florida Supreme court supporting their position.
Can you please provide your fact that support your position that no one assumes the risk?

[Bill14564]

NO SIR! i just hate when someone states fact as law and doesn't know what they are talking about. Start researching Florida Statute !!!!

As do I which is why I read with interest the opinions at the links provided in previous posts.

[fdpaq0580]

B.S. NO ONE ASSUMES THE RISK. Where in gods name did you hear that. Let me guess your a avid golfer. LOL

Agree! One would think that, if anyone is assuming anything, it would be the golfer assuming the responsibility of maintaining control of their their ball and owning up to the responsibility of paying to repair any damage they cause. Just because there was no criminal intent doesn't relieve one of their civil responsibilities "drive" safely and responsibly, whether you are driving your car or your golf ball.

[Cybersprings]

Agree! One would think that, if anyone is assuming anything, it would be the golfer assuming the responsibility of maintaining control of their their ball and owning up to the responsibility of paying to repair any damage they cause. Just because there was no criminal intent doesn't relieve one of their civil responsibilities "drive" safely and responsibly, whether you are driving your car or your golf ball.

As mentioned countless times in this thread, that is a ridiculous comparison not supported by anything other than the posters feelings.

[dewilson58]

There are many, many attorney sites.

Here is one from Becker & Poliakoff in Florida:

Living in a golf course community is the ultimate dream for many. However, a golf course address can equate to some rather nightmarish liability issues for many community associations. Those issues often stem from misdirected golf swings or “errant” shots.

There is no statutory law that governs golf ball liability. However, the Supreme Court of Florida has established that the driver of a golf ball is charged with the duty to exercise “ordinary care” for the safety of persons reasonably within the range of danger. Similarly, several other Florida courts have concluded that an operator of a golf course is not required to maintain the course in such conditions that no accident could possibly happen.

Nonetheless, according to such court rulings, the owner or operator of a golf course does have a legal duty to maintain the course in a reasonably safe condition, commensurate with the facts and circumstances that an ordinarily prudent person would generally exercise. Moreover, if a person knows of the existence of the course before moving into a golf course community, he or she is presumed to have “assumed the risk.” As such, generally speaking, that person cannot hold anyone liable for any damage or physical injury which may result from an errant golf ball.

If you disagree.....................call them, they would love to hear from you.

[Bill14564]

There is NO WAVIER !!!! that's more B.S.
And there is NO Florida Statute that says homeowner assumes the risk!. Everything on this post is conjecture, Unbelievable

Again, you should read the links provided in previous posts.

I don't know what waivers there may or may not have been for those homes as I don't live in one and I suspect you do not either. Asking someone who *does* live in one of those homes to post a copy of what he might have signed seems like a good way to get good, accurate information.

There is not likely to be a Florida Statute that says the homeowner assumes the risk. But I could not find a Florida Statute that says the golfer is liable for damages caused by a non-negligent action either.

[Velvet]

Agree! One would think that, if anyone is assuming anything, it would be the golfer assuming the responsibility of maintaining control of their their ball and owning up to the responsibility of paying to repair any damage they cause. Just because there was no criminal intent doesn't relieve one of their civil responsibilities "drive" safely and responsibly, whether you are driving your car or your golf ball.

Well, actually golfers are not licensed like car drivers. There is no test of, “Can you hit well enough so we can trust you to play?”

[fdpaq0580]

As mentioned countless times in this thread, that is a ridiculous comparison not supported by anything other than the posters feelings.

What is ridiculous about accepting responsibility for your actions. You break it, you bought it.

[dewilson58]

Another resource for fun............Florida's Independent Insurance Agents......who have thru this thousands of times:

Could I Be Held Responsible for the Golf Ball Smashing My Window?
Insurance expert Paul Martin said that you could very well be held responsible if you lived on a golf course. Since you assume this extra risk when purchasing a property on a golf course, the insurance company is likely to exclude coverage for any stray golf balls. So, if you buy a house on or near the putting green, just be prepared to cover any related damage yourself.

[Chellybean]

Another resource for fun............Florida's Independent Insurance Agents......who have thru this thousands of times:

Could I Be Held Responsible for the Golf Ball Smashing My Window?
Insurance expert Paul Martin said that you could very well be held responsible if you lived on a golf course. Since you assume this extra risk when purchasing a property on a golf course, the insurance company is likely to exclude coverage for any stray golf balls. So, if you buy a house on or near the putting green, just be prepared to cover any related damage yourself.

THATS not what Florida Statute says, when a golfer breaks a window of a property they can call there homeowners policy and it will cover the property damaged!
The property that was damaged has a deductible that usually wont' cover it and furthermore were the heck does the homeowner have to pay for some idi*ts damage. That's not how i was raised, Village entitlement 101 at work unbelievable!!!

[dewilson58]

THATS not what Florida Statute says, when a golfer breaks a window of a property they can call there homeowners policy and it will cover the property damaged!
The property that was damaged has a deductible that usually wont' cover it and furthermore were the heck does the homeowner have to pay for some idi*ts damage. That's not how i was raised, Village entitlement 101 at work unbelievable!!!

Oh Bean.............I never said anything about Florida Statute.

Of course they can call their agent.
Two errors in your statement: (1) "they" can't call a policy; (2) It's their, not there.

Breath, Breath.

[fdpaq0580]

Well, actually golfers are not licensed like car drivers. There is no test of, “Can you hit well enough so we can trust you to play?”

Swimmers at the beach or lake aren't licensed, shoppers in stores aren't licensed, on and on. Personal responsibility for one's actions. You break it, you bought it. Honest, ethical and responsible individuals take responsibility for their actions. Makes me wonder about some of the folks that think they can destroy something with impunity as long as they do it with a golf ball and club.

[ldj1938]

Our bedroom window was broken by an errant golf ball

Here's my protection. Also for 'çanes or severe storms. Same system we used in south Florida. We also put up a screen to protect our lanai windows. Cheap wood frame and screen ing. We've had golf balls on the side and front of our house. You can hear them hit the roof.

[ldj1938]

[QUOTE=ldj1938;2266646]Here's my protection. Also for 'çanes or severe storms. Same system we used in south Florida. We also put up a screen to protect our lanai windows. Cheap wood frame and screen ing. We've had golf balls on the side and front of our house. You can hear them hit the roof. When I get enough collected I go to the driving range.

[Bill14564]

THATS not what Florida Statute says, when a golfer breaks a window of a property they can call there homeowners policy and it will cover the property damaged!
The property that was damaged has a deductible that usually wont' cover it and furthermore were the heck does the homeowner have to pay for some idi*ts damage. That's not how i was raised, Village entitlement 101 at work unbelievable!!!

Please post that Florida Statute. (I was unable to find anything like that) As I saw in a previous post:

... i just hate when someone states fact as law and doesn't know what they are talking about. ...

[justjim]

My post will not change anybody’s mind about a window broken by a golfer on a golf course. Legally you may not be responsible for repairing the residents window. I say “may not” because I did read of a court case (I can’t imagine going to court for a broken window) where the court decided that a golfer was responsible for an errant golf ball that did property damage to property off the golf course. But for purposes of my post I will say you are not legally responsible for replacing a window on a house along a course in The Villages unless you could prove “negligence” on the part of a golfer. That said, how much does a window cost? Full disclosure: I have never damaged anybody’s property that is build adjacent but off golf course property. If I did, I would apologize and offer to pay for the damage to the property out of my pocket because I would feel morally responsible, if not legally responsible, to do so. How much would a window cost? With all that is happening in the world today, a broken window is the least of our issues but to each his own choosing.

[dewilson58]

That said, how much does a window cost?
How much would a window cost?

If you really want to know.............you could Google....................$15 to $5k

[golfing eagles]

No one with any common sense would file a claim for under $200. One would either pay for it or walk away with the thoughts that you back up to a golf course expect golf balls to hit your house. There are screens that can provide some protection.

That said, there is a house on a course that shall not be named, whose window has broken by a golf ball for about 5 months. Owner comes out screaming (mid 80s or above) you broke my window.

Now did their ball actually hit the window that has been broken for months or hit the house and owner is holding out for multiple events?

Destin #4??????

[golfing eagles]

THATS not what Florida Statute says, when a golfer breaks a window of a property they can call there homeowners policy and it will cover the property damaged!
The property that was damaged has a deductible that usually wont' cover it and furthermore were the heck does the homeowner have to pay for some idi*ts damage. That's not how i was raised, Village entitlement 101 at work unbelievable!!!

Everything you have posted on this thread is wrong. Stay down, champ---it's not your day :1rotfl::1rotfl::1rotfl:

[Whitley]

Not the golfer's fault. He just hit a bad shot. It happens. The OP's claim that the golfer's insurance company should pay is ridiculous.

But his bad shot broke a window on private property (I always wondered why anyone would want a home on a golf course. Waking up at 0700 on a Saturday hearing people playinmg golf.)). I do not know the law but would think that logic says if you hit your shot off of the course through a homes window you would be at fault. When I attempted to play many many years ago at Tuxedo Park, I drove off the course and cracked a car windshield. A car driving on the road. I paid for that one (The road was built after the course.). What would the rules say about that?

[Whitley]

Another resource for fun............Florida's Independent Insurance Agents......who have thru this thousands of times:

Could I Be Held Responsible for the Golf Ball Smashing My Window?
Insurance expert Paul Martin said that you could very well be held responsible if you lived on a golf course. Since you assume this extra risk when purchasing a property on a golf course, the insurance company is likely to exclude coverage for any stray golf balls. So, if you buy a house on or near the putting green, just be prepared to cover any related damage yourself.

That still doesn't answer the question clearly. They could be talking about a broken window "IF the golfer who hit the ball is not known". No?

[NewRealms]

I lived on a golf course and loved it. There is a cost though. Believe it or not there are golfers who hook or slice. Our patio enclosure was a constant victim of bad form but I LOVED where I lived.

[retiredguy123]

THATS not what Florida Statute says, when a golfer breaks a window of a property they can call there homeowners policy and it will cover the property damaged!
The property that was damaged has a deductible that usually wont' cover it and furthermore were the heck does the homeowner have to pay for some idi*ts damage. That's not how i was raised, Village entitlement 101 at work unbelievable!!!
Then, how do you explain why a pro golfer on the tour is not responsible for injuries they cause to a spectator? Even if the spectator signs a waiver, it would not supercede a Florida statute or law if it existed.

[Cybersprings]

What is ridiculous about accepting responsibility for your actions. You break it, you bought it.

Reading comprehension is important. My post stated that the comparison was ridiculous not accepting responsibility for your actions. If reading some of these ridiculous posts insulting everyone who does not agree with their positions caused someone's blood pressure to rise and have a heart attack or stroke, would they be willing to accept involuntary manslaughter responsibility plus financial responsibility. They wrote it. It caused the result. Or maybe the way the were raised would suddenly magically change.

[justjim]

Twice we lived on championship golf courses. My wife loved it and I looked at our purchase as a good investment and also enjoyed living on a golf course. It goes without saying anyone purchasing a home on a golf course should do their due diligence as to location on the course. In the years we lived on golf courses, we never had any property damage. If you purchase on a golf course and don’t do your due diligence, expect issues with golf balls and golfers. A bit off the subject, sorry but I hope its helpful for future reference if you plan to purchase or build on a TV golf course.

[chris38wise]

OP, why don't you be a responsible adult and accept that you live on a golf course and the golfer was just playing golf? It was not his fault.

Just because someone is not at fault in an accident does not mean you are not responsible.

[dewilson58]

That still doesn't answer the question clearly. They could be talking about a broken window "IF the golfer who hit the ball is not known". No?

No.

[golfing eagles]

Just because someone is not at fault in an accident does not mean you are not responsible.

Actually, that's backwards. In Florida, the golfer could be considered at fault since he hit the golf ball. But the homeowner who knowingly bought on the course has assumed all responsibility.

[retiredguy123]

Just because someone is not at fault in an accident does not mean you are not responsible.
Would you feel the same way if the ball went through the window, hit someone on the head, and they sued you for $50 million?

[fdpaq0580]

Actually, that's backwards. In Florida, the golfer could be considered at fault since he hit the golf ball. But the homeowner who knowingly bought on the course has assumed all responsibility.

Nonsense! Just because you know the odds of having a ball hit your property are higher by living nearer the course, doesn't mean you accept the irresponsibility on the part of poor golfers. That is like saying a person who parks their car at the curb assumes all responsibility if someone crashes into their car while stationary and parked near the roadway.

[Jeanne wilson]

Sounds about right. I've had more than a few occasions where myself or someone in my golf group hit someone's home with their ball. I feel like 9 times out of 10 we would have no idea if we broke a window. It's not like the window would normally make a loud shatter noise like you would see in a movie.

Would we trespass to assess the damage, or retrieve the ball? Never.
They know if they broke a window! Someone broke the largest window in my condo. I went outside and looked at a man and he admitted to breaking it. Cost him nearly $4,000.00. He was a gentlemen about it...Thankfully!

[dewilson58]

Nonsense! Just because.

Re-read the post...............you don't understand the statement.

[dewilson58]

They know if they broke a window! Someone broke the largest window in my condo. I went outside and looked at a man and he admitted to breaking it. Cost him nearly $4,000.00. He was a gentlemen about it...Thankfully!

That must have been one-mean look.

:pepper2::pepper2:

[Rosethorn]

I lived on a golf course and loved it. There is a cost though. Believe it or not there are golfers who hook or slice. Our patio enclosure was a constant victim of bad form but I LOVED where I lived.

Why did you move?

Btw, we just bought a house in The Villages on the Tarpon Boil (Executive) Course.

I’m hoping that we don’t get hit with TOO many errant balls.

[Bilyclub]

Nonsense! Just because you know the odds of having a ball hit your property are higher by living nearer the course, doesn't mean you accept the irresponsibility on the part of poor golfers. That is like saying a person who parks their car at the curb assumes all responsibility if someone crashes into their car while stationary and parked near the roadway.


Higher? How about guaranteed that a house on a golf course will be hit by a ball. That's about the third time somebody used the auto scenario in this thread. Still doesn't change the legalities on a golf course.

[fdpaq0580]

That must have been one-mean look.

:pepper2::pepper2:

Not necessarily. Some people are honest and will take responsibility for their actions and pay to repair or replace what they damage.

[dewilson58]

Not necessarily. Some people are honest and will take responsibility for their actions and pay to repair or replace what they damage.

humor sheldon, humor.

[fdpaq0580]

Higher? How about guaranteed that a house on a golf course will be hit by a ball. That's about the third time somebody used the auto scenario in this thread. Still doesn't change the legalities on a golf course.

Death and taxes are the only things absolutely guaranteed, or so I've been told.

[fdpaq0580]

humor sheldon, humor.

I got the humor. I guess I should have acknowledged it.

By the way, the name is Fred. You have me confused with someone named Sheldon.

Have a great day.

[Whitley]

Are golfers responsible for broken windows in Florida?
Golfers are responsible for the damage they cause to your home. That's fine, if the golfer owns up to hitting a ball through your picture window, but often the culprit will just move on down the fairway, whistling as if nothing ever happened.

Insuring Florida's Golf Course Homes - Carli Insurance Agency Address: 2680 W Lake Mary Blvd, Lake Mary, FL 32746

Phone: (407) 322-3600

[golfing eagles]

Are golfers responsible for broken windows in Florida?
Golfers are responsible for the damage they cause to your home. That's fine, if the golfer owns up to hitting a ball through your picture window, but often the culprit will just move on down the fairway, whistling as if nothing ever happened.

Insuring Florida's Golf Course Homes - Carli Insurance Agency Address: 2680 W Lake Mary Blvd, Lake Mary, FL 32746

Phone: (407) 322-3600

What makes you think golfers are responsible? I suggest you read my post from the Florida Supreme Court decision as well as other lower courts.

[dewilson58]

Are golfers responsible for broken windows in Florida?
Golfers are responsible for the damage they cause to your home. That's fine, if the golfer owns up to hitting a ball through your picture window, but often the culprit will just move on down the fairway, whistling as if nothing ever happened.

Insuring Florida's Golf Course Homes - Carli Insurance Agency Address: 2680 W Lake Mary Blvd, Lake Mary, FL 32746

Phone: (407) 322-3600

:1rotfl::1rotfl::1rotfl::1rotfl:

Carl's website is selling, not informing.

:1rotfl::1rotfl::1rotfl::1rotfl:

[CoachKandSportsguy]

Our bedroom window was broken by an errant golf ball

Must be a new retiree, who hasn't had time to practice enough prior to retirement.

I've hit shrubs, roofs, over roofs, into roads, front doors, but windows? that's beyond responsible golfing. .

[dewilson58]

Must be a new retiree, who hasn't had time to practice enough prior to retirement.

I've hit shrubs, roofs, over roofs, into roads, front doors, but windows? that's beyond responsible golfing. .

That's not easy.
Great shot!!!

[golfing eagles]

That's not easy.
Great shot!!!

Bounced it off the windshield of the car parked in the driveway :1rotfl::1rotfl::1rotfl:

[bilcon]

I'll bet $100, he also has a "No Trespassing" sign ... if not, the sign says: "No Looking for Balls".

If you read the Villages Golf Etiquette Rules you would know:

Do not enter private property to look for or retrieve your golf ball.

I live on the golf course and love it, until someone starts walking through my flower beds looking for a ball. That's a no no!

[bilcon]

What makes you think golfers are responsible? I suggest you read my post from the Florida Supreme Court decision as well as other lower courts.

There are legal laws and moral laws. I broke a window once and notified the homeowner. I said I would pay for it, although I was not legally responsible. I thought it was the right thing to do. We ended up splitting the cost. (Legal vs Moral)

[tophcfa]

Bounced it off the windshield of the car parked in the driveway :1rotfl::1rotfl::1rotfl:

Several years ago a guy at Beaver Brook Golf Course, in Williamsburg, MA, hit his t shot over the green on the par 3 4th hole and hit the windshield of a passing car on Rt. 9. The ball ricocheted off the windshield, back onto the green, and into the hole for a hole in one. A couple days later the guy was a guest on The Tonight Show with Jay Leno (back in the day when the show was still worth watching). Now that’s a lucky shot.

[Topspinmo]

So, if I’m at rifle range and stray Ricocheted bullet breaks window (that would be lease worries of many possible problems?) I’m not responsible right? I didn’t intentionally shoot at window, but I did pull the trigger? Now the range was there long before housing development popped up. Wonder why only golfers are not responsible for their action? lets see who golf’s, who makes rules? Upper 20%.

[ThirdOfFive]

Several years ago a guy at Beaver Brook Golf Course, in Williamsburg, MA, hit his t shot over the green on the par 3 4th hole and hit the windshield of a passing car on Rt. 9. The ball ricocheted off the windshield, back onto the green, and into the hole for a hole in one. A couple days later the guy was a guest on The Tonight Show with Jay Leno (back in the day when the show was still worth watching). Now that’s a lucky shot.
Had a ball bounce right in front of my car on El Camino Real a couple of years back, just as I got level with green #1 on El Diablo. It bounced high enough to clear my car by a good margin and ended up in the median. I often walk the MMP along that stretch too: both the 1st hole as well as the 2nd one are good places to find balls that escape the fence. My harvest of balls always picks up when snowbirds are more prevalent.

On the topic of "impossible coincidence" I saw my wife do something similar (though not nearly as newsworthy as the guy who bounced one off a moving windshield). She had about 90 yards to go to the pin on her second shot on a course UpNort and hit a towering shot that came down smack in the hole, with the pin still in place. Never touched the green; just hit and stuck. What are the odds?

[dewilson58]

If you read the Villages Golf Etiquette Rules you would know:

Do not enter private property to look for or retrieve your golf ball.

I live on the golf course and love it, until someone starts walking through my flower beds looking for a ball. That's a no no!

https://www.youtube.com/watch?v=zbQTXFJL8lo

[Papa_lecki]

There are legal laws and moral laws. I broke a window once and notified the homeowner. I said I would pay for it, although I was not legally responsible. I thought it was the right thing to do. We ended up splitting the cost. (Legal vs Moral)

So, you admitted liability. How will you feel when you get a letter from Morgan and Morgan explaining you’re a defendant for a lawsuit.
I’ve done the “right thing a few times” and regretted it in the long term.

Don’t think it could happen?

“A Massachusetts jury awarded Erik and Athina Tenczar $4.93 million last December, concluding that Indian Pond Country Club was at fault for not protecting the Tenczar’s home from a constant barrage of shots coming from the club’s 15th hole.”

And if you don’t think the country club wouldn’t pass liability off to the golfer….

“The balls began pelting his house and landing in his yard within weeks after he moved in, in early 1989. In May of last year, one broke a second-floor bedroom window. He later won a small claims court judgment against the club for $106.54 to cover his costs in replacing the window and filing the lawsuit. But the club, which says golfers are responsible for their own shots, has appealed.”

Yes, there’s precedent that golfer isn’t liable, but you still need to defend yourself to prove it - you know some lawyer will take the case.

[retiredguy123]

There are legal laws and moral laws. I broke a window once and notified the homeowner. I said I would pay for it, although I was not legally responsible. I thought it was the right thing to do. We ended up splitting the cost. (Legal vs Moral)
Interesting, but something seems out of whack. If the courts have addressed the issue and decided that the golfer is not legally responsible, why would the golfer be morally responsible?

[Stu from NYC]

Interesting, but something seems out of whack. If the courts have addressed the issue and decided that the golfer is not legally responsible, why would the golfer be morally responsible?

Because the golfer caused the damage.

[Bilyclub]

Are golfers responsible for broken windows in Florida?
Golfers are responsible for the damage they cause to your home. That's fine, if the golfer owns up to hitting a ball through your picture window, but often the culprit will just move on down the fairway, whistling as if nothing ever happened.

Insuring Florida's Golf Course Homes - Carli Insurance Agency Address: 2680 W Lake Mary Blvd, Lake Mary, FL 32746

Phone: (407) 322-3600



If you're going to do a shameless plug at least get it right.

[blueash]

So, you admitted liability. How will you feel when you get a letter from Morgan and Morgan explaining you’re a defendant for a lawsuit.
I’ve done the “right thing a few times” and regretted it in the long term.

Don’t think it could happen?

“A Massachusetts jury awarded Erik and Athina Tenczar $4.93 million last December, concluding that Indian Pond Country Club was at fault for not protecting the Tenczar’s home from a constant barrage of shots coming from the club’s 15th hole.”

And if you don’t think the country club wouldn’t pass liability off to the golfer….

“The balls began pelting his house and landing in his yard within weeks after he moved in, in early 1989. In May of last year, one broke a second-floor bedroom window. He later won a small claims court judgment against the club for $106.54 to cover his costs in replacing the window and filing the lawsuit. But the club, which says golfers are responsible for their own shots, has appealed.”

Yes, there’s precedent that golfer isn’t liable, but you still need to defend yourself to prove it - you know some lawyer will take the case.

I HATE it when posters completely fail to tell the correct story. i used your quote to find the story and.... (https://www.golfdigest.com/story/5-million-verdict-country-club-house-2022#:~:text=A%20Massachusetts%20jury%20awarded%20 Erik,from%20the%20club%27s%2015th%20hole.)
The verdict was overturned on appeal and what everyone here is saying applied.

However the Massachusetts Supreme Judicial Court earlier this week said the original verdict has been vacated due to a “clear error” from the previous judge. The error prevented the jury from answering a critical question in the case, according to justice Scott Kafker: Whether the country club’s 15th tee boxes and fairway were reasonably operated.

“Errant golf balls are to golf what foul balls and errors are to baseball. They are a natural part of the game,” Kafker wrote. “They demonstrate the difficulty and challenge of the sport even for the very best players. Despite practice, instruction, technological improvements, and even good golf course design and operation—disputed in the instant case—golf shots go awry, as a matter of course.”

Not sure if matter of "course" was meant as a pun

[Velvet]

“Errant golf balls are to golf what foul balls and errors are to baseball. They are a natural part of the game,” Kafker wrote. “They demonstrate the difficulty and challenge of the sport even for the very best players. Despite practice, instruction, technological improvements, and even good golf course design and operation—disputed in the instant case—golf shots go awry, as a matter of course.”

This seems obvious to me. Thank you for posting this, Blueash, it’s what I’ve been trying to say, somewhat clumsily.

[golfing eagles]

There are legal laws and moral laws. I broke a window once and notified the homeowner. I said I would pay for it, although I was not legally responsible. I thought it was the right thing to do. We ended up splitting the cost. (Legal vs Moral)

I agree 1000%, morally—I would pay for it as well (except for the arse on Destin #4). I was strictly referring to the legal aspects

[Dusty_Star]

https://www.youtube.com/watch?v=zbQTXFJL8lo

One of my favorite scenes from a very funny movie! Thanks!

[Papa_lecki]

I HATE it when posters completely fail to tell the correct story. i used your quote to find the story and.... (https://www.golfdigest.com/story/5-million-verdict-country-club-house-2022#:~:text=A%20Massachusetts%20jury%20awarded%20 Erik,from%20the%20club%27s%2015th%20hole.)
The verdict was overturned on appeal and what everyone here is saying applied.


Yes, the verdict was overturned, but the defendant had to deal with it, had to defend it, had to spend money. Probably for years.
The Arther Andersen verdict was overturned, but are they doing any audits?

The point of the quote was to show it happens.
And the “golf course owner” in TV would definitely throw the golfer under the bus.

[tophcfa]

If you read the Villages Golf Etiquette Rules you would know:

Do not enter private property to look for or retrieve your golf ball.

I live on the golf course and love it, until someone starts walking through my flower beds looking for a ball. That's a no no!

I never go onto private property to look for or retrieve a golf ball, unless, the property owners are nice people like the ones on Orange Blossom. There is a sign on their property line saying “feel free to enter if you are looking for your golf ball”. Gotta love the friendly folks in the Historic Section : ) If we lived on a golf course, people retrieving their golf balls would be graciously welcome.

[Two Bills]

Then, how do you explain why a pro golfer on the tour is not responsible for injuries they cause to a spectator? Even if the spectator signs a waiver, it would not supercede a Florida statute or law if it existed.

But you get a signed glove.
Maybe if you break a window, you should offer to sign ball if confronted!

[mickey100]

It's one thing if you hit the errant ball and didn't realize a window was broken. But I'd guess a number of people are very aware they did break or did possibly break a window, and they don't do what is morally correct. Shame on you.

[retiredguy123]

Update,

Here is the official answer from a representative of The Villages:

Good afternoon,

Thank you for taking the time to reach out GolfTheVillages.com.

In the Good Golf Guide, we do state….”Please NEVER play or retrieve a ball from the yard of a resident. Report any damage of private property to the homeowner.”

In regards to responsibility, I believe in Florida, the courts have tended to rule in favor of the golfer (saying the homeowner is responsible) unless they can see intent.

Thank you again and I hope that helps,

Ken Roshaven, PGA
Executive Director of Golf Services
1024 Canal Street | The Villages, Florida 32162
Office: 352-753-3396 | Extension: 2518 | Fax: 352-259-4422

[CoachKandSportsguy]

Not sure if matter of "course" was meant as a pun

:boom:

:mademyday:

[gego3650]

very's by state. Were I lived my insurance would pay if I put a ball thru someones window. People would call clubhouse and ranger would hunt you down for your info.

[lesbunning]

Its not a question of who was there first. The question is whether you can use your land in a manner that creates a nuisance for a neighbouring property owner. Usually the liability rests with the golf course owner but in many cases the golf course is built first and the golf course owner then sells lots to homebuilders. There is usually a covenant in the sale of the lots that prevents the golf course owner being liable for damages by errant golf balls.

[dewilson58]

Its not a question of who was there first. The question is whether you can use your land in a manner that creates a nuisance for a neighbouring property owner. Usually the liability rests with the golf course owner but in many cases the golf course is built first and the golf course owner then sells lots to homebuilders. There is usually a covenant in the sale of the lots that prevents the golf course owner being liable for damages by errant golf balls.

:1rotfl::1rotfl:

[Dusty_Star]

I HATE it when posters completely fail to tell the correct story.
The verdict was overturned on appeal and what everyone here is saying applied.


“Errant golf balls are to golf what foul balls and errors are to baseball. They are a natural part of the game,” Kafker wrote. “They demonstrate the difficulty and challenge of the sport even for the very best players. Despite practice, instruction, technological improvements, and even good golf course design and operation—disputed in the instant case—golf shots go awry, as a matter of course.”



Not sure if matter of "course" was meant as a pun

Pretty sure Justice Kafker was indeed making a pun.

[Robbb]

Our bedroom window was broken by an errant golf ball

Your golf course facing home probably tripled in value over the past year, I would think that has to balance the negatives of living on a course a bit.