[Village Kid 2]

Yesterday a golfer on the 16th hole of the Orange Blossom Country Club course shanked a ball out of a large hole and broke my neighbor's dining room window. One would think he would knock on the door and apologize and offer to pay for a replacement window.

Here's what happened. When the homeowner went out and inquired, the golfer would not even admit doing it, even though he was the only golfer in close proximity. Then he told the homeowner that anyone living on a golf course assumes the risk of damage to their property. He never would give his name.

The homeowner went to the pro shop and got the names of the foursome and then the culpable person's name and filed a police report. Fortunately, the golfer's wife, when told about this, called the homeowner and offered to call her insurance company to cover the damage. It was a double pane window and the cost will probably be around $200.

My question is, are golfer's responsible for damage to homes when playing on the courses?
If damage is done and no one sees who does it, does the course owner or TV have any responsibility to the homeowner? Anyone with experience with this?

VK2

[bobfl]

There was recently an article in the paper here in Fort Myers about this. The bottom line as I remember it was that the golfer is not responsible. The thinking was that no one can predict the flight path of a golf ball accurately. Also the article said that people who move next to a golf course should expect that sooner or later they will get hit. Sounds funny I know but thats what it said. If I get a chance I'll see if I can find it.

That looks like a very grey area from the minimal research I did on the Internet just now. The golf course was here at the same time as the house so you would think that the home owner assumes the liability by buying on the golf course. But, I can see an argument of the home owner's side too that the person who hit the golf ball should be the one responsible for his or her actions.

Think all you will get out of this post is a lot of very vague answers unless there are some kind of documents you sign about liability when you go on the golf course or in the deed for the house about the perils of errant golf balls.

You may want to check out this Golf Forum -- http://www.golflink.com/golf-forums/...TID=6011&TPN=3

[bimmertl]

While the golfers wife may have offered to call her insurance company, don't expect the insurance company to pay for the damages. Most likely result will be a denial of the claim based upon the fact the golfer is not legally liable for the damages.

The liability section of the homeowners policy reimburses others for damages caused by negligence of the insured. In order for liability to arise from such an event, the golfer must be negligent. Hitting an errant golf shot is a common occurence and something that happens to even the best golfers.

Negligence is generally defined as failing to act with prudence that a reasonable person would exercise under the same circumstances. Reasonable golfers hit errant shots on occasion so such an occurence doesn't meet a negligence standard.

So your neighbor can expect a denial from the HO carrier.

[Village Kid 2]

Interesting. So what you all are saying is, homeowners on golf courses assume the risks (and costs) of damages, even though they do nothing negligent. I guess it comes down to a moral decision by any golfer who knowingly does this as to what he/she should do.

[DickY]

I found this about Arizona Real Estate law. Florida might be similar,
http://www.homesalenews.com/real-est...20050105-2.htm

[SteveFromNY]

Liable or not, I don't know.
But I do know the safest place to be when I have a club in my hands is right in front of me.
I once set off a car alarm on a car parked in the driveway of a house that couldn't be seen from the course!

[zummy]

Most homeowners policies have a "damage to property of others" additional coverage that pays up to 500 per occurrence with certain exclusions. This type of loss should be covered. Check your policy jackets under additional coverages. If you don't have it, ask your agent why.

This article on golf course real estate seems on point-- http://www.golfcourserealty.com/feat...rance-3921.htm

[Village Kid 2]

Thanks for the informative articles DickY and Tal and others who contributed. I see the pattern for where the legal liability is (not with the golfer, it seems) but what about moral obligation. If I caused destruction to someone's property, I would certainly own up to it and "make them whole" when they are an innocent party. Just because one can avoid it, should they? This is a whole 'nother question.

VK

[Hancle704]

If Golf truly is a game for ladies and gentlemen then there should be no need to deal with this problem. However, once some folks move to TV they believe their Amenity fees cover everything. It starts with the speed demons driving to the course in their hopped up machines who pass everything else on the road, don't make full stops, don't signal, or yield the right of way, Then upon arriving they insist on hitting ball into the foursome ahead who have yet to clear the greens. They insist that the ball marks and divots they leave should be repaired by someone else. Is it any wonder some of these "golfers" wont pay for damage they have done. What a way to spend a retirement, being a horse's patootie.

[Russ_Boston]

I don't think TV has cornered the market on horse's patooties!

[Sidney Lanier]

We chose not to live near a golf course, one of the reasons being what this thread is about: errant golf balls causing damage, the others being errant golfers looking for their golf balls and the sprays and pesticides that are used on the golf courses. We'd never thought about how the costs of damage are handled, so this is an eye-opener for us. Since from this thread it appears that the golfer is not legally responsible for the damages he or she causes, then the solution would have to be based on what's moral, decent, and responsible, simply owning up to any damage and taking it from there. This is a pretty thoughtful question and hope to read more on this thread about it....

[captain1202]

Unfortnately a sign of the times :'( . He probably needs to "apologize" and spend 4 weeks in "golfers responsibility" rehab.

[nitehawk]

check this out - from the lynnhave web site http://home.comcast.net/~askal/break...ow_golfing.htm