Golf Ball Breaks Window

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  #61  
Old 01-13-2015, 11:13 PM
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Barefoot Barefoot is offline
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Originally Posted by tuccillo View Post
I would leave them my card and ask them to send me the bill. The fact that the house is on the golf course does not matter. I damaged their house and I am responsible for my actions, in this case a bad golf swing.
I agree, and I would teach children to follow the golden rule.
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  #62  
Old 01-13-2015, 11:59 PM
mtdjed mtdjed is offline
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Just thinking. The home owner will likely suffer a loss because of his deduction, but won't your liability insurance pay for the loss.

I do notice that many golf course homes have window protection in place.
  #63  
Old 01-14-2015, 01:03 AM
handyman handyman is offline
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Originally Posted by NYGUY View Post
I take responsibility for my errant behavior, including golf shots, therefore I pay, no questions asked. And, I provide that same advice to all, including my children and grandchildren.
My hat off to you ,I wish That you were one of the persons that hit the back of my car 600.00 damage ,two door dings left side,one right,I think that you might have left a note and least said I'm sorry .
  #64  
Old 01-14-2015, 05:49 AM
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1. Take Ownership of issue and pay for damage

2. leave card if owner not home

3. Call my teaching Pro and tell him my cost of golf has gone up and I need help

4. But legally I do not think I am responsible but would be a good guy about it
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  #65  
Old 01-14-2015, 06:10 AM
red tail red tail is offline
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in 5 years of living on a championship course I have had 3 broken windows and numerous roof tiles broken by errant balls and never once had anyone even look my way let alone offer to pay or apologize. im not complaining , im wondering where all these honest people are?
  #66  
Old 01-14-2015, 06:35 AM
shcisamax shcisamax is offline
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I don't know who made the rule about it is the owner's responsibility if a golfer's ball hits their house because it goes against everything sensible. I was walking close to the front of our home on the side furthest from course. The house curves away from the course so to hit something there it would be about a 70 degree angle. Some self deluding person who felt he should play from black hooked a ball so badly that it hit the roof and came down about a foot from me. If it had hit me in the head, certainly a stroke of bad luck, is it my bad for living there? At what point is it the golfer's responsibility to have control over his ball? No one starts off as a stellar player but should they be expected to play where they are not a danger?
  #67  
Old 01-14-2015, 07:08 AM
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Quote:
Originally Posted by tuccillo View Post
I would leave them my card and ask them to send me the bill. The fact that the house is on the golf course does not matter. I damaged their house and I am responsible for my actions, in this case a bad golf swing.
Exactly
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  #68  
Old 01-14-2015, 07:16 AM
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I would offer to pay. If, however, the resident came out ranting, raving, and cussing me out, I would tell them to pound sand.
  #69  
Old 01-14-2015, 08:14 AM
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Originally Posted by shcisamax View Post
I don't know who made the rule about it is the owner's responsibility if a golfer's ball hits their house because it goes against everything sensible....
It's not a "who" made the rule, but it is long ago settled case law....doesn't everyone want to follow the law
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  #70  
Old 01-14-2015, 08:37 AM
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I found the following on-line. I find the part about "trespassing" to retrieve your golf ball rather interesting. It also suggests that everyone other than the golfer is typically protected from liability. I do not know what the deed restrictions are in the Villages.


Golf Ball Hazards In Florida: Legal Overview
1 535

As Floridians, some of us are lucky enough to enjoy the spaciousness and beauty of golf course views from our homes. Unfortunately, this serenity is occasionally marred by golfers seeking errant balls or by the balls themselves bouncing off our exterior walls. Is there anything we can do about these annoyances?

Golfers or Golf Balls Trespassing on Florida Property

A person who enters another person's property without permission is trespassing. Trespass is one of the oldest civil law claims. In order to claim a trespass, you must have warned the trespasser and asked them to stop, and there cannot be a valid reason for the trespasser's presence.

A trespass could be above ground or underground because a property owner's rights also extend into the air above the property and into the ground below. As an example, a person who flies a model airplane over your property or someone who shoots a gun across your property lines may be trespassing.

Exceptions to Trespassing Laws in Florida

Entry onto land without the owner's express consent or invitation might be permissible under certain circumstances. Emergencies are one of these circumstances. Police may chase suspected criminals across private land, firemen may string fire hoses, and neighbors may rescue a child from a neighbor's pool if they believe he is in jeopardy of drowning. Likewise, if someone was in a boat in a canal behind your home and the boat began to sink, the boater would be permitted to land on the closest property because of necessity. In fact, you could be liable for injuries if you turned their sinking boat away. Of course, the boater would not be permitted to pitch a tent and have a barbecue once he has landed.

Florida Property Law and Golfers

Under Florida property and real estate laws, golf course communities almost always have a section in their deed restrictions, easements, and covenants that allow golfers to retrieve their errant balls on residents’ properties. A section might read something like: "Every Lot and the Common Area is burdened with an easement permitting golf balls hit from the Club facilities to unintentionally come upon the Lot and for golfers at reasonable times and in a reasonable manner to come upon the exterior portions of the Lot to retrieve errant golf balls." It sounds complicated, but it gives golfers a legal opportunity to find and recover their errant shots, when reasonable to do so. If your Lot is fenced or walled, property documents generally require that golfers ask your permission before entry.

In short, it is likely that a golfer may enter your property to retrieve items such as golf balls (or pets) if they do so in a reasonable manner. Tearing down your fence would obviously not be considered reasonable. If your own property located on or adjacent to a golf course, you should become familiar with the applicable sections of any deed restrictions, easements, and/or covenants that apply to your property.

Who is Liable if a Golf Ball Causes Damage?

Another 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.

More Resources

Marauding golfers and destructive balls are rare in most communities, but figuring out what law applies can be difficult. If a problem is severe, you can seek the advice of an experienced real estate attorney in Florida. Or you can find more general information on this topic in FindLaw’s real estate law and neighbor law sections.
- See more at: Golf Ball Hazards In Florida: Legal Overview - FindLaw

Quote:
Originally Posted by TheVillageChicken View Post
I would offer to pay. If, however, the resident came out ranting, raving, and cussing me out, I would tell them to pound sand.
  #71  
Old 01-14-2015, 08:40 AM
ROCKETMAN ROCKETMAN is offline
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If you want to live on a golf course that is a problem you have to deal with. with golf course lots costing $100,000 extra, the homeowner must handle the extra cost of the insurence premium he will have to pay and I don't think it will put him in financial ruin. Thats just the reality of your choice and bad swings.
  #72  
Old 01-14-2015, 08:46 AM
dolpterry dolpterry is offline
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I would go get a few more lessons to correct the slice or hook.
  #73  
Old 01-14-2015, 09:38 AM
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Quote:
Originally Posted by NYGUY View Post
It's not a "who" made the rule, but it is long ago settled case law....doesn't everyone want to follow the law
Quote:
Originally Posted by Sandtrap328 View Post
I am not talking of legal views here but of personal actions YOU would take
- as well as what advice you would give your grandchildren or you imparted to your children
.
As I understand the intent of this thread, it's not about legal views ---- it's about moral values
---- taking responsibility for damage we've caused and advising our children to do likewise.
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  #74  
Old 01-14-2015, 09:50 AM
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Quote:
Originally Posted by tuccillo View Post
If the cost was less than the deductible you would not make a claim.
If you call to have someone come out from the insurance companyand tell you how much it costs, that is a claim. Isn't that right?
  #75  
Old 01-14-2015, 09:51 AM
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kittygilchrist kittygilchrist is offline
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Quote:
Originally Posted by ROCKETMAN View Post
If you want to live on a golf course that is a problem you have to deal with. with golf course lots costing $100,000 extra, the homeowner must handle the extra cost of the insurence premium he will have to pay and I don't think it will put him in financial ruin. Thats just the reality of your choice and bad swings.
And the ideology of envy?
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