Talk of The Villages Florida - Rentals, Entertainment & More
Talk of The Villages Florida - Rentals, Entertainment & More
#1
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Errant Golf Ball
With so many homes on the courses in The Villages, are homes often hit with errant golf shots. If so, and lets say a window is broken, is the golfer responsible?
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#2
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That is correct, the golfer that hit it is responsible for any consequences of ill flight.
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#3
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I am not so sure that is the correct answer...... from a legal perspective unless one can show their was deliberate intent to cause harm to the property which is unlikely. NOw if we are talking from a moral perspective that a different story.
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#4
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Next time I hit someone with my car, I'll be sure to tell them that it wasn't deliberate.
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Da Chicago So Side; The Village of Park Forest, IL; 3/7 Cav, 3rd Inf Div, Schweinfurt, Ger 65-66; MACV J12 Saigon 66-67; San Leandro, Hayward & Union City, CA (San Francisco East Bay Area) GO DUBS ! (aka W's) |
#5
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If anyone has watched me hit a golf ball they know I could not hit a window deliberately. Heck I cannot even ht a green!
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Jacksonville, Florida Andover, New Jersey The Villages Second star to the right, then straight on 'til morning. |
#6
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Oops
I think I better quit golfing, if that is what one would call it when I do manage to hit that little tiny sphere. Me golfing... I wonder if the people on the golf courses would be surprised by a broken window or two. If I were they, I would expect it.
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#7
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This is from a Bill Pennington article in the New York Times:
"Some follow golfing etiquette: You break a window, you pay for it." "Most courts, however, instead rule that homeowners assume risk when they move adjacent to a golf course, said Dalton B. Floyd Jr., a South Carolina lawyer whose practice regularly involves golf-related litigation and who has been a consultant to the Professional Golfers Association of America." This is a classic gray area. Courses have an obligation to fix a problem if the cause of the damage is the design of the course, but building a house 150 -200 yards from the tee area on the right side of a fairway is an invitation to disaster, and is not the fault of the course owner. I suggest you build your house right behind the flag - safest place on the course! Or if you are the poor soul getting sliced golf balls hitting your roof and walls, put up a no trespassing sign and collect the golf balls. Some of them cost over $4.00 each! |
#8
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I think the last post may confuse golf course owner with golfer. The course may not be responsible but the golfer may be. We have discussed this before but I forgot what the legal findings were.
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#9
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Personally, I think if you buy on a golf course, you assume the risk. You should make sure that your homeowners insurance covers the damage.
While the TV sales people might sell the view, it is up to the buyer to check out the risks involved.
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Jacksonville, Florida Andover, New Jersey The Villages Second star to the right, then straight on 'til morning. |
#10
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I was a member of the amenities board in my last community. A golfer and a homeowner got into a heated dispute over the golfers ball striking the homeowners roof. The errant shot knocked a tile loose. The homeowner came running out of his house screaming and cussing the golfer. The golfer said " If you are going to behave like that then I have nothing further to discuss with you. The homeowner complained to us ( The Board ) and was told that our decision was, that it was not a board matter and if you can not settle it between you, then go to court. The homeowner did. The judge's decision was," If the course was there when you built or bought your home, then neither the golfer or the community is responsible for any damage caused by an errant golf ball, as you should have been aware of the perils involved by living on a golf course. If the course had been built after you bought your home and you were not made aware of the fact that a course was going to be built behind your home before you purchased it, then the golfer and/or the course may be responsible ".
The moral of the story; The golfer told the judge that if the homeowner did not behave like an ass, he would have paid for the mans damaged roof tile. HOMEOWNER--- $4,700.00 for lawyer and court costs. REPAIR--------- 35.00 GOLFER-------- 0,000.00 |
#11
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As pretty as it may be, I don't think I would want to live directly on a golf course. If I did, I would definitely look into having plexiglass installed in my windows. I also don't think that slate or tile would be a viable option for roofing material.
__________________
Greg A pessimist is an optimist with experience. "In my many years I have come to a conclusion that one useless man is a shame, two is a law firm and three or more is a congress." - John Adams |
#12
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There are two answers to this question. The legal answer is that the golfer is not responsible. The moral answer is that if I cause damage to someones property and I can resolve the damage in a reasonable manner, I will.
The example used by the person who came running out screaming, I might have reacted the same way. However if I break a window and I know I did it and I can pay for the damage, it is the right thing to do. Treat others how you would like to be treated and everyone enjoys life a lot more.
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Life is to short to drink cheap wine. |
#13
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How about that house at the #9 tee box at Torre Pines. I'm guessing that it has been hit 12,763 times.
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#14
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If you want to live on the golf course you have to accept the risk. Their is a inexact science on where the home should be to minimze ball strikes.
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Grew up in Brooklyn, NY- became an adult in Rockland County, NY and living a 2nd childhood in the Villages (Finally a FROG). "Whenever God Closes One Door He Always Opens Another, Even Though Sometimes It's Hell in the Hallway" |
#15
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There was a good thread on this issue a few years back.
Quote:
Here's a link-- Golfers Liable? |
Closed Thread |
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