[RcCalais]

I only read a couple of pages before getting tired of so many irresponsible replies (not the golfer's fault(??)). Guess the same applies to hitting a parked car. It is not my fault, I was just going to the store. I didn't tell them to park there.

I never had the chance to verify this but did hear if the homeowner filed a claim on his homeowner's policy he would have to satisfy a deductible. If the golfer filed a claim on his homeowner's policy there is no deductible.

[asianthree]

Originally Posted by RcCalais

I never had the chance to verify this but did hear if the homeowner filed a claim on his homeowner's policy he would have to satisfy a deductible. If the golfer filed a claim on his homeowner's policy there is no deductible.

No one with any common sense would file a claim for under $200. One would either pay for it or walk away with the thoughts that you back up to a golf course expect golf balls to hit your house. There are screens that can provide some protection.

That said, there is a house on a course that shall not be named, whose window has broken by a golf ball for about 5 months. Owner comes out screaming (mid 80s or above) you broke my window.

Now did their ball actually hit the window that has been broken for months or hit the house and owner is holding out for multiple events?

[DrHitch]

Simply replace your window with a better lexan solution or screen it....move on. It will happen again in the lifetime of your house.

[Chellybean]

Originally Posted by dewilson58

Unfortunately, I believe you assume the risk being the last on the golf course.

Who was there first???

Golf course first, Golfers second, Homeowner last.

As long as there was no intent by the golfer.

B.S. NO ONE ASSUMES THE RISK. Where in gods name did you hear that. Let me guess your a avid golfer. LOL

[Bill14564]

Originally Posted by Chellybean

B.S. NO ONE ASSUMES THE RISK. Where in gods name did you hear that. Let me guess your a avid golfer. LOL

Possibly read it in several of the 108 posts preceding this one or in the legal opinions linked from some of those posts.

Perhaps someone who owns a home in the Villages on a golf course could post any special easements/waivers/agreements they signed when they purchased their home.

[dewilson58]

Originally Posted by Chellybean

B.S. NO ONE ASSUMES THE RISK. Where in gods name did you hear that. Let me guess your a avid golfer. LOL

Having a bad morning????

Jus go read and you will learn.

Hope your day improves.

[Chellybean]

Originally Posted by Bill14564

Possibly read it in several of the 108 posts preceding this one or in the legal opinions linked from some of those posts.

Perhaps someone who owns a home in the Villages on a golf course could post any special easements/waivers/agreements they signed when they purchased their home.

There is NO WAVIER !!!! that's more B.S.
And there is NO Florida Statute that says homeowner assumes the risk!. Everything on this post is conjecture, Unbelievable

[Chellybean]

Originally Posted by dewilson58

Having a bad morning????

Jus go read and you will learn.

Hope your day improves.

NO SIR! i just hate when someone states fact as law and doesn't know what they are talking about. Start researching Florida Statute !!!!

[Cybersprings]

Originally Posted by Chellybean

NO SIR! i just hate when someone states fact as law and doesn't know what they are talking about. Start researching Florida Statute !!!!

I hate that also. The people stating that the owner assumes the risk have provided quotes from the Florida Supreme court supporting their position.
Can you please provide your fact that support your position that no one assumes the risk?

[Bill14564]

Originally Posted by Chellybean

NO SIR! i just hate when someone states fact as law and doesn't know what they are talking about. Start researching Florida Statute !!!!

As do I which is why I read with interest the opinions at the links provided in previous posts.

[fdpaq0580]

Originally Posted by Chellybean

B.S. NO ONE ASSUMES THE RISK. Where in gods name did you hear that. Let me guess your a avid golfer. LOL

Agree! One would think that, if anyone is assuming anything, it would be the golfer assuming the responsibility of maintaining control of their their ball and owning up to the responsibility of paying to repair any damage they cause. Just because there was no criminal intent doesn't relieve one of their civil responsibilities "drive" safely and responsibly, whether you are driving your car or your golf ball.

[Cybersprings]

Originally Posted by fdpaq0580

Agree! One would think that, if anyone is assuming anything, it would be the golfer assuming the responsibility of maintaining control of their their ball and owning up to the responsibility of paying to repair any damage they cause. Just because there was no criminal intent doesn't relieve one of their civil responsibilities "drive" safely and responsibly, whether you are driving your car or your golf ball.

As mentioned countless times in this thread, that is a ridiculous comparison not supported by anything other than the posters feelings.

[dewilson58]

There are many, many attorney sites.

Here is one from Becker & Poliakoff in Florida:

Living in a golf course community is the ultimate dream for many. However, a golf course address can equate to some rather nightmarish liability issues for many community associations. Those issues often stem from misdirected golf swings or “errant” shots.

There is no statutory law that governs golf ball liability. However, the Supreme Court of Florida has established that the driver of a golf ball is charged with the duty to exercise “ordinary care” for the safety of persons reasonably within the range of danger. Similarly, several other Florida courts have concluded that an operator of a golf course is not required to maintain the course in such conditions that no accident could possibly happen.

Nonetheless, according to such court rulings, the owner or operator of a golf course does have a legal duty to maintain the course in a reasonably safe condition, commensurate with the facts and circumstances that an ordinarily prudent person would generally exercise. Moreover, if a person knows of the existence of the course before moving into a golf course community, he or she is presumed to have “assumed the risk.” As such, generally speaking, that person cannot hold anyone liable for any damage or physical injury which may result from an errant golf ball.

If you disagree.....................call them, they would love to hear from you.

[Bill14564]

Originally Posted by Chellybean

There is NO WAVIER !!!! that's more B.S.
And there is NO Florida Statute that says homeowner assumes the risk!. Everything on this post is conjecture, Unbelievable

Again, you should read the links provided in previous posts.

I don't know what waivers there may or may not have been for those homes as I don't live in one and I suspect you do not either. Asking someone who *does* live in one of those homes to post a copy of what he might have signed seems like a good way to get good, accurate information.

There is not likely to be a Florida Statute that says the homeowner assumes the risk. But I could not find a Florida Statute that says the golfer is liable for damages caused by a non-negligent action either.

[Velvet]

Originally Posted by fdpaq0580

Agree! One would think that, if anyone is assuming anything, it would be the golfer assuming the responsibility of maintaining control of their their ball and owning up to the responsibility of paying to repair any damage they cause. Just because there was no criminal intent doesn't relieve one of their civil responsibilities "drive" safely and responsibly, whether you are driving your car or your golf ball.

Well, actually golfers are not licensed like car drivers. There is no test of, “Can you hit well enough so we can trust you to play?”