Talk of The Villages Florida

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-   -   Golf ball damage (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/golf-ball-damage-51739/)

buggyone 04-13-2012 03:39 PM

Golf ball damage
 
I was having a discussion with one of my golfing buddies a couple of days ago regarding if a golfer is responsible for damaging a house (breaking a window, etc) next to a golf course.

I said that the golfer definitely is responsible for any damage caused by his golf ball - at least to pay the deductible for the owner's homeowner's insurance.

My buddy said it is not the responsiblity of the golfer because someone who buys a house by a golf course knows the risk and automatically assumes the risk. He would not even go up to the home owner and apologize but just hit another ball and keep on playing as if nothing happened.

Outside of needing a new golfing buddy with a better sense of ethics, am I right or is he right?

Is there some Villages rule about this anywhere that someone could show me?

pqrstar 04-13-2012 03:49 PM

Here is a link to golfing etiquette in The Villages
Golf The Villages

It states

"Please never play a ball from the yard of a resident. It is also appropriate to report any damage of private property to the homeowner. We ask that you never retrieve your ball from a resident’s property."

BarryRX 04-13-2012 03:58 PM

Quote:

Originally Posted by buggyone (Post 479083)
I was having a discussion with one of my golfing buddies a couple of days ago regarding if a golfer is responsible for damaging a house (breaking a window, etc) next to a golf course.

I said that the golfer definitely is responsible for any damage caused by his golf ball - at least to pay the deductible for the owner's homeowner's insurance.

My buddy said it is not the responsiblity of the golfer because someone who buys a house by a golf course knows the risk and automatically assumes the risk. He would not even go up to the home owner and apologize but just hit another ball and keep on playing as if nothing happened.

Outside of needing a new golfing buddy with a better sense of ethics, am I right or is he right?

Is there some Villages rule about this anywhere that someone could show me?

He is right legally, but pretty lacking ethically. Unless the damage was caused by negligence (i.e. hitting the golf ball from a moving golf cart), he is not responsible. But, if it was me, I would notify the homeowner of the damage and pay his deductible.

villages07 04-13-2012 04:01 PM

If you do a forum search on "golf window insurance" you'll see at least 3 prior threads that discuss this.

In short, your friend is legally correct. Ethics belong to the individual.

rubicon 04-13-2012 04:44 PM

Buggyone: Given the number of state laws, court decisions and Golf club policy you will get a variey of answers on both sides. Generally speaking however, the law favors the golfer, unless he or she has committed some omission/comission out of the ordinary.

The Villages does advertise that people should not trespass. Frankly they do not want to get involved in these sort of disputes.

My neighbor had his window broken and the golfer did not have the courtsey to at least apologize. I have heard many golfers comment that homeowners on a golf course deserve what they get. It is sad and disrespectful. so essentially I do agree with you concerning the ethics issue.

finally most Homeowner policies include a Property Damage section that usully pays up to $500 for damage to property caused by the person responsibility irrespective of liability. So a golfer doing damage should stop and share information with the homeowner. By the way such claims normally have no affect against their policy.

gmcneill 04-13-2012 06:01 PM

" I have heard many golfers comment that homeowners on a golf course deserve what they get. It is sad and disrespectful. so essentially I do agree with you concerning the ethics issue."

So sadly true. Yet that same disrespectful golfer would not likely have a moment's hesitation to aggressively confront a homeowner for the return of an errant golf ball that landed in the homeowner's yard, would they?

Barefoot 04-13-2012 09:06 PM

Quote:

Originally Posted by buggyone (Post 479083)

Outside of needing a new golfing buddy with a better sense of ethics, am I right or is he right? Is there some Villages rule about this anywhere that someone could show me?

A previous poster said that "generally speaking, the law favors the golfer". Probably that's true, although it's hard to believe that the law would favor someone who damages your property.

I'm not sure if there is a Villages rule about this. But I'm pretty the Golden Rule would apply: "Treat others as you would like them to treat you".

mjfg154 04-13-2012 09:19 PM

Golf Knowledge Expected
 
It is assumed that a player knows the rules and knows how to hit a golf ball.
If not, lessons should be taken before going on a course. That would not be fair to a homeowner if someone with no real knowledge of the game damaged property and said, "Oh well." If you son or daughter broke a window playing ball, you would take your child to the homeowner to apologize and take care of any damage. How is this different?

billethkid 04-13-2012 10:27 PM

I suppose a judge might say a golfer never intends damage or harm to property, animals people every time they hit the ball.

However a person who owns a home on a golf course knowingly built upon the site on the golf course with the knowledge there would be a possibility of being hit by a golf ball....or two....or many.

btk

LAshby50 04-13-2012 10:30 PM

I live on a golf course back home. We have had one window broken in 10 years. It is a private course and one of the members did it. He tried to get away. We called the clubhouse and they tracked the guy down. The club had a written policy that said members were responsible for damages to property by them and their guests. The member tried to turn it in to their insurance company. The company would not pay since it was not intentional. The member said if his insurance would not pay, he did not feel obligated either. Long story short, you live on a course, you can expect these things. All the club rules mean nothing. I would expect the same thing here. One of the reasons I did not buy our lot on the course in TV.

Personal ethics can still guide you though.

l2ridehd 04-14-2012 05:40 AM

Legally not required to do anything, morally you should notify the home owner and offer to pay any deductible they might have to pay. As Barefoot so apply said, "treat others as you would like to be treated"

I personally have stopped playing golf with one person who feels he has no obligation to even apologize when he does something like that. I don't want to be around people like that. If that is how they feel about doing something like hitting a home with a golf ball, then think how they treat others in general. To many other really nice people around to be bothered with them.

Uptown Girl 04-14-2012 05:59 AM

Quote:

Originally Posted by l2ridehd (Post 479225)
Legally not required to do anything, morally you should notify the home owner and offer to pay any deductible they might have to pay. As Barefoot so apply said, "treat others as you would like to be treated"

I personally have stopped playing golf with one person who feels he has no obligation to even apologize when he does something like that. I don't want to be around people like that. If that is how they feel about doing something like hitting a home with a golf ball, then think how they treat others in general. To many other really nice people around to be bothered with them.

That could be the person who hit a golfball onto Tamarind Grove run yesterday.
It came straight down between my auto and a golf car that was beside me.
(and I had my convertible top down!)
Maybe I need a construction worker's hardhat.....

fraurauch 04-14-2012 06:07 AM

Our two-week old 2012 Honda CR-V was hit by a golf ball while we were parked at the Sunset Pointe mail center. No one came forward to apologize.

ajbrown 04-14-2012 06:22 AM

Quote:

Originally Posted by mjfg154 (Post 479201)
It is assumed that a player knows the rules and knows how to hit a golf ball.
If not, lessons should be taken before going on a course. That would not be fair to a homeowner if someone with no real knowledge of the game damaged property and said, "Oh well." If you son or daughter broke a window playing ball, you would take your child to the homeowner to apologize and take care of any damage. How is this different?

Knowing how to hit a golf ball and hitting a house are two different things :(. Even players like Phil or Tiger are seen quite a bit off course once in a while.

The analogy about playing ball is different (IMO) depending on where the children are playing. A ball field versus a street. Hitting a foul ball through an apartment window from the street is very different than hitting a car with the same foul ball at a ball field designed for baseball.

I do agree the golfer has an ethical obligation to work with the home owner. As stated many times, (IMO) I doubt there would be a legal one. The other thing to note, it is often not obvious where the ball ended up, so the golfer may not know.

IMO, much of the fault lies in the layout/design. If you build a fairway with water on the left and the put homes withing 5 - 15 feet of the golf course on the right, you must know this will happen. Next time you play OB look at the homes down the right hand side of 18. A few look like someone took a ball pein hammer to them :shocked:.

My best advice if you are buying a home on the golf course is talk to some golfers who understand the game. There are places on holes that will be like magnets based on the holes design and other places on the same hole which will almost never see a ball.

Nice topic to loosen me up to start my taxes :read:

Mikiem 04-14-2012 07:06 AM

WOW!! What ever happened to accepting responsibility for your actions either intentional or not?


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