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broken window from a golf ball
well I always wondered if the insurance would cover a golf ball through my window. I live on hacienda golf course and last week a guy hit a ball that went through my window and into another room breaking the window and destroyed the blind. my wife caught the guy as he was driving away and asked him if he was going to make it right. he said no but she could contact his insurance agent at state farm. she did and today they called and said absolutely no! I chose to live on a golf course so I assume the responsibility. so now I know!!!
im a golfer so I sorta agree with it but I still don't like it. :cus: |
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Sadly, barefoot, it is an assumed risk -- you choose to live where balls have a distinct possibility of hitting your window, you assume the risk of it happening. Now, if the golfer threw the golf ball or aimed at the house and window, that would be vandalism. To me, someone with ethics would not hesitate to at least offer to pay for half the cost of breaking the window, but even that seems to be getting rarer and rarer.
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It does seem that the general viewpoint of a lot of golfers is that it is not their responsibility to pay for a broken window from their errant shot.
Legality vs ethics? I have played with guys here in The Villages who have hit houses and they drive away as fast as possible. Definitely the wrong thing to do ethically. I was playing one day and the guy in the cart with me hit a house with his ball. He told me to drive to the other side of the course quickly. Instead, I drove up to that house to see if a window had been hit. This guy was yelling and cursing at me the whole time. Luckily for him, no damage had been done. Naturally, we do not associate anymore. How did we raise our kids? If they broke a window, they pay for it. Let's us show the same ethics we tried to teach our kids. |
I was watching "Judge Judy" on TV a while ago and she heard a similar case where a property owner was suing a golfer for damage done to a window on his house. Judge Judy also concluded that a home owner on a golf course assumes the risk and liabilities of errant golf balls and the damage they do to their property. If the golfer intentionally teed up and shot directly at the house, then it is an act of vandalism.
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What kind of golfer wouldn't want to do the right thing in that scenario? Under the rules of golf, Rule 27-1b, out of bounds incurs a stroke and distance penalty. What a bum.
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as a past golf course resident, many times....there is no doubt about the assumption of responsibility.
Those who hit the house or break a window are in several categories. They don't know they hit the house/window. They know it hit the house and assume no windows broken no harm done. There are some who if they knew they broke a window they would stop. Then there are those who would play through/by no matter what. And so on. Most for what ever the reason/excuse play therough/by/etc. I suppose there are the real cowards who run????? I always had tempered glass windows on the sun rooms and any other windows in the possible line of flight. Have been eating breakfast many times on the porch when a ball makes a direct hit on the glass. Sounds like a gun shot. Fortunately with the tempered glass....never had a broken window. btk |
Not the Golfer's Responsibility
I live on a golf course and agree it is not the golfer's responsibility. If the golfer chooses to to compensate the home owner that is fine, but they are not obligated to do so. Even professionals hit errant shots at times, it is part of the game. People living on golf courses should expect their house may be hit at times and that is part of the price they pay for enjoying the benefits of living on a course.
Part of the problem here is how close the homes are built to the golf course. Play Ocala Country Club and notice how far back the golf course homes are from the fairways. Ocala National is the same, it is virtually impossible to hit a home on that course. Charlie |
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You live on or near a golf course with expectations of being hit by golf balls with no liability assignable to the golfer. It kind of sucks that you also paid a premium for this piece of property doesn't it?
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And I thought Golf was played by 'Gentleman" and Ladies? I guess some of the same types that damage cars in parking lots and run off play golf too :undecided:
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I paid the premium so I didnt have to go out on my Lanai in the morning to have my coffee and see some other fat guy doing the same thing 10 feet AWAY ---LOL:boxing2: |
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Sorry for your dilemma. The liability issue can be argued until the cows come home. However many Golf Clubs establish rules where homes are built to eliminate such arguments. Perhaps The Villages developed some applications? You may also want to contact State Farm and ask if they have coverage for property damage irrespective of liability. Many homeowner policies have what is referred to as Property Damage To Others. Its designed to keep neighbors from disputing. suppose your neighbor is mowing his lawn and hits a rock and the rock breaks your window. Rather than dispute liability they apply a good will approach. The limits on this coverage are $500 per occurrence. I can't believe accompany as large as State Farm does not have this coverage. And people wonder why some homeowners on a course refuse to let golfers retrieve their ball |
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"It depends on whose ox is being gored." Beside which your comparison is incongruent. For one thing there is no legal relationship between a golfer and the homeowner who incurs damage. As to ethics. Many of us know many golfers who often hit errant balls. They well know they are likely to hook or slice. Ethics is involved in most of our decisions. Finally there actually are some residents here who believe that people who buy on a golf course deserve what they get. I find this attitude mean spirited. Personal Best Regards: |
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Other
So what if you hit a person walking down the multimodal path and send them to the hospital. You pay?
What if you hit a car out on 466A? You pay? Do those people assume a risk when they walk or drive by a golf course? |
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Hearsay.... it is all I got
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Let me say, I have no first hand knowledge, I share the story as it comes to me from a good friend who has played golf with the person telling the story. Maybe someone knows the person? I offer nothing else at this time.... My friend told me of a guy that told him <I know how that sounds :)>, he was being sued because his tee shot on number nine at Havana, Kenya hit a woman on a bicycle on the multi-modal. When he told me I said NO WAY, cannot be..... Some time later (year+) he said you remember I told you about the guy being sued? I said yeah. My friend said, I saw him again and the insurance company had settled with the woman for quite a hefty sum. I still told him he was nuts but we are still good friends :laugh: The person sued also adds that the day he hit her, he felt awful and went over the fence and asked if she was OK. She said she was fine, they laughed, they talked for a bit and then she rode off very friendly.... hmmmmmmm. </hearsay> |
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I've used this argument many times but here it goes again. Let's say that you have tons of ethics and you hit a ball into a window. You approach the owner and say "I know I'm not obligated but my upbringing was so righteous that I need to offer to pay for the damages". The owner says "You are a fine upstanding man and I appreciate the offer. I will take you up on it." "No problem" you say. Then the owner says "that will be $2000". You say "WHAT?". The owner says "Well it's $150 for the window but the ball also knocked down and broke and antique vase by the window". Now you, being so righteous with such great ethics and upbringing say ?????. This scenario is not outrageous. The point is that you should pay for things that you are responsible for. Anything beyond that and you now have to put a price on how much your ethics mean to you. What instead of 2K it was 20K or.... Where is your limit? |
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That is a guess. Contact the insurance company. However, this thread is about windows. What would you teach your kids if they broke a window? Run? |
the claim probably wouldn't be more than $150. so whomever pays he or me our deductible would kick in and the insurance co would bow out!
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Is there a statute of limitations on breaking a window? Just wondering, I busted one when I was ten and ran home without getting caught. Now y'all got me feeling all bad. Wonder if that little old lady still lives there.
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What if, like me, the homeowner had a $1000 deductible and the bill came to over 1K. What would you do? Hmmm. Don't seem to get a straight answer from anyone as to what they would do. We've had this thread 20 times in the past 5 years and no one answers my question. Would you still pay the homeowner even if the bill came to a much higher than expected amount? Yes? No? If not why not? And please don't answer with something like "Don't you have any ethics Russ?". I want to know what you would do - not what you expect me to do. Thanks in advance for anyone honest enough to try an answer the real question. Anybody can say they'd pay for a cheap window. |
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Let me see, a new window was how much back when you were 10?.......... $10.00 should cover it! |
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Honest answer but - What if the homeowner was nice but said the bill was 1k from some hidden damage? I think that's the real ethics question. Maybe say I'll pay for the window but nothing else? Then why even pay for the window? The homeowner still has unpaid for damage. I find it very interesting to challenge the ethics of any situation. |
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I seem to recall that this was a topic on other Threads during the year. Personally I would believe (hope) that there is a written TV policy on this. Kind of simple - either:
a) the TV Homeowner must accept responsibility for unintentional damage to their private property caused by a TV-approved sporting activity on Community property. or b) the person committing unintentional damage to private property of a Homeowner or TV property is responsible for payment of repairs. We will be moving into Gilchrist next Feb - not directly next to the course, but a healthy ball-bounce from a green... Hasn't this topic been put to rest (hope...) with TV Directive/Regulation? |
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Assumed Risk
A consideration in buying our house on a golf course was how often we would be hit by golf balls, not if it would happen. We are on an executive course half way down on the left, non-slice for most, side of the fairway. We would not have bought the property if it had been on the right side of the fairway. We also would have passed on property next to a tee box because of noise.
My guess is all people who purchased golf course frontage property also assumed their property may be hit by golf balls at times. We have not had any damage in nine years, but we have found a few balls in the yard. We really enjoy seeing the golfers and having a vista of the course instead of 'kissing lanais.' |
Russ, I don't play golf but I was taught that if something was damaged by your actions, you take responsibility, regardless whether the damage is $0.05 or $5,000. I may not be able to pay the owner the full bill at once but it would get paid.
I recently dinged a woman's car when the car door blew out of my hand. I could have easily walked away and she would have never known. I couldn't do that. The damage for this minor ding was $500 (a very large amount for my budget). It got paid. |
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But there are lots of times in life that your actions cause damage but that doesn't mean you always pay for the damages. The other example I use when this thread comes up repeatedly is this: You are driving on a highway going the speed limit - you reach up to adjust your sunglasses and they fall into your lap - by instinct you hit your brake way too hard causing the guy behind you to slam his car into yours even though he was a reasonable and legal distance behind you - Yes your actions precipitated the accident but you're not responsible legally since you didn't hit the brake intentionally - I don't think you'd pay under this circumstance would you? Why would you pay for the golf ball damage which you are not legally bound to do? |
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