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broken window from a golf ball

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  #46  
Old 10-14-2013, 10:12 PM
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Russ, I may have had a legal responsibility to pay for the damage, but I didn't have to. I could have simply driven away and no one would have been the wiser but me. I could no more walk away from that ding than I could walk away from an errant ball. Just isn't in me.

AJ already answered your question on the braking example. Just because you didn't mean to hit the brake is entirely irrelevant. Reality is the driver behind you was at fault for following too close. A better example might be you got a foot cramp and accelerated jumping a curb and causing minor damage to a bicycle. You didn't mean to hit the bike that was chained to the pole (which, for whatever reason, was illegal) but you did. It wasn't your fault, it was an out and out accident. Even so, you're responsible in my mind and should pay for the damages.

If your golf ball hits a window, breaks a Ming vase (worth a bit more than $2K), you man up and take responsibility regardless of the fact that the homeowner assumed the risk by buying and building where s/he did. To deliberately run away is, to me, at best craven, at worst obscene (I'd say criminal but I can't because it isn't illegal and the golfer has no legal obligation, just a moral one).
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  #47  
Old 10-14-2013, 11:26 PM
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Originally Posted by rubicon View Post
. . . However many Golf Clubs establish rules where homes are built to eliminate such arguments. Perhaps The Villages developed some applications?. . .And people wonder why some homeowners on a course refuse to let golfers retrieve their ball
Here is the Villages statement "Common Golf Course Etiquette" regarding your questions.

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."
  #48  
Old 10-15-2013, 09:18 AM
Warren Kiefer Warren Kiefer is offline
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Originally Posted by red tail View Post
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.
This is strange, several years ago I broke someone's window. My agency was also State Farm. They paid for the window replacement.
  #49  
Old 10-15-2013, 09:21 AM
Warren Kiefer Warren Kiefer is offline
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Originally Posted by Barefoot View Post
Whether you live on a golf course or not, it seems to me that breaking a window in a private residence is vandalism.
I don't understand your reasoning at all. So by your standards, if a golfer accidently breaks a window, he should be arrested for vandalism ???
  #50  
Old 10-15-2013, 09:28 AM
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I would hope no golfer would deliberately tee off directly toward property to damage it. Choosing to live near a golf course is no different than choosing to build next to a train track and then complain about the noise. Just seems like a common sense thing to me. Our whole little world is not perfect even some believe it should be.
  #51  
Old 10-15-2013, 09:31 AM
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Default Very Ethical

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Originally Posted by redwitch View Post
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.
You are a very ethical person Redwitch. Many would have said "it was the wind's fault". I would hope that I would do the same thing---I believe that I would.
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  #52  
Old 10-15-2013, 10:03 AM
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Default You are correct

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Originally Posted by steve0010 View Post
are your People crazy and for Judge Judy she is a joke on TV.
Damaging property period, whether accidental or not has to be paid by the person damaging the property.
When you live on a golf course it doesn't mean you assume the risk no more Than Morse assumes the risk of paying for the damage homes due to the home being built to close to the golf course.
Does that mean if a golfer hits a car in the street with a bad shot, it is the car owner going to assumes the risk if he is driving on the street near a Golf course.
People wake up, the reason why golfers flee away is because they know there responsible!
You folks need to wake up, and detain the golfer until the Police show up, then you would see a different outlook on how they tee off.
It seems the mentality of the people fleeing, is that since they can,t afford to live on a golf course, they are either jealous or just idiots and not ethical or honest people in general. Beware to some one hitting my window and fleeing away!
Thanks for your post. I read a lengthy article (wish I kept it) a few years ago on who was responsible for an errant golf ball. Bottom line was the golfer is legally responsible----according to this article. I read another article where the article said that the golfer was not legally responsible unless they were negligent. Either way , it is not economically feasible to go to court over a broken window.

But suppose someone was sitting near the window and is hurt? Different story.

At any rate---driving away (or running away) from responsibility is a sign of the times. I suppose we all have different values---i personally feel responsible if my errant golf ball hits and damages someone's house. My bottom line when I bought a golf course lot was to buy a lot where it was "almost" impossible that my home would be hit by a golf ball. Fore!
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  #53  
Old 10-15-2013, 10:15 AM
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Originally Posted by Russ_Boston View Post
No - but what if is my question> What if it led to MORE than a window. WHAT IF - I'd like an answer - what would you do? Would your ethics fly out the window?

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.
This is why I don't play golf. My aim's bad enough with a pickleball, but they're plastic and have holes in them.

My answer, Russ, is that I would pay for the window only, because a) you assume some risk living on a golf course, and so therefore b) why the blazes put a priceless object in harm's way. There has to be some cost associated with the owner's stupidity in your example. Just my opinion.
  #54  
Old 10-15-2013, 10:17 AM
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Originally Posted by Warren Kiefer View Post
. So by your standards, if a golfer accidently breaks a window, he should be arrested for vandalism ???
No, he shouldn't be arrested for vandalism. He should pay for the broken window!!! Just like Redwich paid for damage in a parking lot when a car door accidentally blew out of her hand.
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  #55  
Old 10-15-2013, 10:18 AM
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Default More hearsay!!!!!

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Originally Posted by ajbrown View Post
<hearsay>

Let me be clear, I still 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

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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Originally Posted by Russ_Boston View Post
What insurance paid? The golfer's homeowner's insurance? The golfer's personal liability? Just curious. I didn't realize I had insurance for when I hit a golf ball.
When I posted my hearsay, I thought there may be a long shot that someone knew the golfer of which I spoke. Not yet anyway. I did follow up with an email to friend after seeing Russ' post. All that follows is hearsay again. I have no idea the validity of the story. I will only vouch for the integrity of my friend. I have no doubt that what he told me is what he was told. I share as it struck me an amazing story, no other reason....

<hearsay again>
Alan asked via email:
I know it is second hand, but tell me again about the guy who got sued for hitting someone with golf ball. I was telling the story, the folks started asking who paid, who got sued.. whose insurance paid .. It is not important, but if you have time remind me of that crazy story.

Freind's response

Guy hits a women riding on bicycle next to golf course. A year later the guy receives notice from his homeowners insurance carrier that she is suing for $300,000. He was named in the lawsuit because the insurance was unwilling to pay the total limit of the policy. The lady won the suit and the insurance was forced paid off in full. That's essentially what I was told by the guy who actually hit the lady.
</hearsay again>
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  #56  
Old 10-15-2013, 10:35 AM
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Originally Posted by blueeagle65 View Post
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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  #57  
Old 10-15-2013, 11:31 AM
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To me buying a home on a golf course is like buying a home on the coast.

You HAVE to know there is a danger of errant golf balls hitting your home just like those that buy a home on the coast have to know that there a danger of a hurricane taking their homes out.

I would like to hope that those buy their homes on a golf course are forced to buy additional insurance to protect their homes from damages from golf balls like those who live on the coast have to buy additional insurance to protect their homes from hurricanes.

I do not think I should have to pay anything if my golf ball accidentally breaks their window or damages their lanai screen. It is the price they pay for the view.

Those that buy these golf view houses are probably people that do not know the hazards from errant golf balls. They are enamored by the view and the fast talking sales agents. They should investigate further before they buy on a golf course.


Sorry but that is my feeling.

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  #58  
Old 10-15-2013, 11:33 AM
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Sad to hear that so many would not pay for what they did. Bottom line is a fact both by law and course rules you hit the house and do damage you pay for the repair. However most people here that play golf don' t follow rules anyway. Ask any real lawyer or ask at the village golf in Spanish springs headquarters.
  #59  
Old 10-15-2013, 11:45 AM
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Originally Posted by Gerald View Post
Sad to hear that so many would not pay for what they did. Bottom line is a fact both by law and course rules you hit the house and do damage you pay for the repair. However most people here that play golf don' t follow rules anyway. Ask any real lawyer or ask at the village golf in Spanish springs headquarters.
I agree, it is sad to hear that so many don't feel responsible for the damage they do. I realize this is just one opinion, and there are very different viewpoints posted in this thread.
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Last edited by Barefoot; 10-15-2013 at 05:48 PM.
  #60  
Old 10-15-2013, 01:27 PM
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SO if you go by the logic some have used what would happen if you are playing pickleball and you accidentally hit another player in the eye with the pickleball? did the other player assume the risk by stepping on the court or are you responsible for paying all of the medical bills and compensating them for pain and suffering? what if you blinded them? Sure some will say this is different as the player was in the field of play but it is no different than buying a home that can reasonably be expected to be hit by a golf ball. As far as detaining a golfer trying to get away I would not recommend this approach unless you wish to go to jail for assault and possibly false imprisonment
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