[Ragman]

I wish a Florida attorney would wade in on this question.

It would appear to me two factors would come into play:

1) Was the golfer intentionally hitting the shot close to the house, road etc, or was it simply an "bad shot" which couldn't be foreseen?

2) In TV the golf courses are always constructed prior to lot sales so purchasers are aware there is risk to one degree or another and assumption of risk comes into play. I have a friend that while searching for a lot would sit on the site in his golf cart to see if it was" in the line of fire". For instance houses 150 to 200 yds to the right on par 4 and 5 holes are a magnet for poor shots.

I don't believe a golfer should be held responsible for damage if he/she is playing the course as intended to the best of their ability. Golf courses aren't suited for houses to be built in either side like gutters on a bowling alley.

[bkcunningham1]

We live on a golf course in TV. We flew down for our closing two years ago. We did the walk-through and everything was fine. Closed on the house and came back that night to our new empty home to dream before we flew back up north the next morning. My husband walked into the living room and saw glass on the floor and there was a golf ball in the midst of the mess.

We had two more windows broken until we invested in virtually unbreakable windows; $1,000 a window. My husband said we knew what we were getting into when we bought on the golf course. I would probably die of shock if a golfer came to me and said they'd hit my house was there any damage.

[VillagesFlorida]

Many years ago a wayward shot from my husband's golf club broke a window on a home on the Tierra Del Sol golf course. Before my husband could make his way to the home to view the damage the homeowner was in his yard screaming at him. Of course, hubby offered to pay for a new window and, in the end our homeowner's insurance covered the entire cost.

[Russ_Boston]

When reading these threads on this topic that we've had for many years, it becomes easy to tell those people that don't play or don't play much.

I'm not a great player but I can put the ball down there a fair distance. There are some times when I hit an errant shot far enough that I have no idea which house it may have come close to. (or it may be over a ridge etc.) When this happens I'll listen for that horrible sound. If I don't hear one I'll hit my provisional and just get on with the game. If I do hear a sound then I'll attempt to figure out which house it was. There was one time a few weeks ago that I heard a noise and the house ended up being 4 past the one I thought it was. Fortunately for me it was just the roof and the gentleman was on his lanai and said "no problem".

I agree with AJ: The design of the hole has a lot to do with it.

[hdh1470]

In chicago area you are responsible for your ball and what it breaks.Your Homeowners ins.will cover any damage done by you.

[Russ_Boston]

Originally Posted by hdh1470

In chicago area you are responsible for your ball and what it breaks.Your Homeowners ins.will cover any damage done by you.

After deductible of course. So for the most part just pay for the broken window out of pocket.

[Skybo]

Originally Posted by Ragman

I wish a Florida attorney would wade in on this question.

It was addressed by an attorney in this thread:

Errant golf ball question

[Bobbilinko]

We live on the golf course here in the Villages. Most golfers are considerate and have ethics but there are always "the jerks" I have had to tell grown men that the rules of golf say that they CANNOT play the ball in my yard!!! They are welcome to retrieve it but I really don't want people playing their ball if it lands in my yard. One guy actually told me that this is the Villages and the same rules don't apply. We have had two broken windows. One we were home for and my husband walked out on the golf course to confront the person. He was not happy but he did pay for the window. If my husband or I broke someone's window we would let them know. I believe in Karma and I believe what you do in your life you will reap. I don't really know the legal answer but the right answer is to take responsibility. We taught our children to own up to their mistakes why would it be different for us? We love living on the golf course and we have worked hard to be able to do that. Why would people think we "deserve" what we get. I don't understand that thinking. As a sidebar, a friend of ours broke a window on Bogart and his homeowners insurance covered the whole thing.

[Joaniesmom]

Originally Posted by michaelmangione

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

I heartily agree with this thought. If you break something belonging to someone else, pay for it! All the rest of these arguments are just fluff. I don't care if you did it intentionally or not, or what the law says about this. Let's man-up here. Take responsibility for your actions.

Like the sign says "You break it, you bought it!"

[charlie49]

Judge Judy had a case involving a golfer damaging a home. Her ruling was the homeowner assumes the risk for living on a golf course. She added that even professionals hit errant shots, so one cannot blame the golfer for lacking skills or training. She pointed out that the homeowner cannot to expect to enjoy the views without also assuming the risk that comes with the location. I live on a course and agree with her point of view.

Charlie

[ajbrown]

Originally Posted by michaelmangione

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

I agree 100%.

In this day and age and all of the information available on sites like this, you would think anyone buying a house on a golf course would be well aware of the ..........

......... hang on a second, my wife is trying to get my attention.... 'really honey? you think they are posting about the golfer not the ho......

..... never mind, sorry everyone, my bad

have a great day!

Alan's comment is intended to be funny, sometimes he is the only one that thinks his comments are funny, so be easy on him...

[VillagesFlorida]

Originally Posted by Russ_Boston

After deductible of course. So for the most part just pay for the broken window out of pocket.

In OUR case, a few years ago now, we didn't pay a deductible. Our homeowner's covered the whole repair. Perhaps the coverage for something like this comes in under the comprehensive coverage? We have no deductible for that coverage.

[rubicon]

Originally Posted by Ragman

I wish a Florida attorney would wade in on this question.

It would appear to me two factors would come into play:

1) Was the golfer intentionally hitting the shot close to the house, road etc, or was it simply an "bad shot" which couldn't be foreseen?

2) In TV the golf courses are always constructed prior to lot sales so purchasers are aware there is risk to one degree or another and assumption of risk comes into play. I have a friend that while searching for a lot would sit on the site in his golf cart to see if it was" in the line of fire". For instance houses 150 to 200 yds to the right on par 4 and 5 holes are a magnet for poor shots.

I don't believe a golfer should be held responsible for damage if he/she is playing the course as intended to the best of their ability. Golf courses aren't suited for houses to be built in either side like gutters on a bowling alley.

Ragman: The example you cite has some real difficulty. How do you prove or disprove the intent; unless the golfer admitted before making the shot that he/she was aiming for the house....and even then his/her announcement was that the intent was to attempt a fade/draw and that was why he/she flew the ball so close to the house.

A poster early made comment that the insurance company wouild not pay a claim because it was not intentional. Someone has misunderstood. An intentional act is not covered under insurance policies negilence is.

and the insurance company could have paid up to $500 for the property damage of others irrespective of the legal situation.

[bimmertl]

Originally Posted by VillagesFlorida

In OUR case, a few years ago now, we didn't pay a deductible. Our homeowner's covered the whole repair. Perhaps the coverage for something like this comes in under the comprehensive coverage? We have no deductible for that coverage.

It's paid under the liability portion of the homeowners policy which typically has no deductible. No deductible comprehensive coverage is on auto policies.

[VillagesFlorida]

Originally Posted by bimmertl

It's paid under the liability portion of the homeowners policy which typically has no deductible. No deductible comprehensive coverage is on auto policies.

Thank you! Of course had I gotten out of my seat, looked at our policies, I would have seen that! I KNEW that comprehensive is on our auto policy! Must have had a senior moment!!