Talk of The Villages Florida - Window broken by errant golf ball yesterday

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- The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)

- - Window broken by errant golf ball yesterday (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/window-broken-errant-golf-ball-yesterday-344811/)

Quote:

Originally Posted by bilcon (Post 2267441)

There are legal laws and moral laws. I broke a window once and notified the homeowner. I said I would pay for it, although I was not legally responsible. I thought it was the right thing to do. We ended up splitting the cost. (Legal vs Moral)

Interesting, but something seems out of whack. If the courts have addressed the issue and decided that the golfer is not legally responsible, why would the golfer be morally responsible?

Quote:

Originally Posted by retiredguy123 (Post 2267453)

Interesting, but something seems out of whack. If the courts have addressed the issue and decided that the golfer is not legally responsible, why would the golfer be morally responsible?

Because the golfer caused the damage.

Quote:

Originally Posted by Whitley (Post 2266974)

Are golfers responsible for broken windows in Florida?
Golfers are responsible for the damage they cause to your home. That's fine, if the golfer owns up to hitting a ball through your picture window, but often the culprit will just move on down the fairway, whistling as if nothing ever happened.

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Phone: (407) 322-3600

If you're going to do a shameless plug at least get it right.

Quote:

Originally Posted by Papa_lecki (Post 2267452)

So, you admitted liability. How will you feel when you get a letter from Morgan and Morgan explaining you’re a defendant for a lawsuit.
I’ve done the “right thing a few times” and regretted it in the long term.

Don’t think it could happen?

“A Massachusetts jury awarded Erik and Athina Tenczar $4.93 million last December, concluding that Indian Pond Country Club was at fault for not protecting the Tenczar’s home from a constant barrage of shots coming from the club’s 15th hole.”

And if you don’t think the country club wouldn’t pass liability off to the golfer….

“The balls began pelting his house and landing in his yard within weeks after he moved in, in early 1989. In May of last year, one broke a second-floor bedroom window. He later won a small claims court judgment against the club for $106.54 to cover his costs in replacing the window and filing the lawsuit. But the club, which says golfers are responsible for their own shots, has appealed.”

Yes, there’s precedent that golfer isn’t liable, but you still need to defend yourself to prove it - you know some lawyer will take the case.

I HATE it when posters completely fail to tell the correct story. i used your quote to find the story and....
The verdict was overturned on appeal and what everyone here is saying applied.

Quote:

However the Massachusetts Supreme Judicial Court earlier this week said the original verdict has been vacated due to a “clear error” from the previous judge. The error prevented the jury from answering a critical question in the case, according to justice Scott Kafker: Whether the country club’s 15th tee boxes and fairway were reasonably operated.

“Errant golf balls are to golf what foul balls and errors are to baseball. They are a natural part of the game,” Kafker wrote. “They demonstrate the difficulty and challenge of the sport even for the very best players. Despite practice, instruction, technological improvements, and even good golf course design and operation—disputed in the instant case—golf shots go awry, as a matter of course.”

Not sure if matter of "course" was meant as a pun

“Errant golf balls are to golf what foul balls and errors are to baseball. They are a natural part of the game,” Kafker wrote. “They demonstrate the difficulty and challenge of the sport even for the very best players. Despite practice, instruction, technological improvements, and even good golf course design and operation—disputed in the instant case—golf shots go awry, as a matter of course.”

This seems obvious to me. Thank you for posting this, Blueash, it’s what I’ve been trying to say, somewhat clumsily.

Quote:

Originally Posted by bilcon (Post 2267441)

I agree 1000%, morally—I would pay for it as well (except for the arse on Destin #4). I was strictly referring to the legal aspects

Quote:

Originally Posted by dewilson58 (Post 2267449)

https://www.youtube.com/watch?v=zbQTXFJL8lo

One of my favorite scenes from a very funny movie! Thanks!

Quote:

Originally Posted by blueash (Post 2267467)

I HATE it when posters completely fail to tell the correct story. i used your quote to find the story and....
The verdict was overturned on appeal and what everyone here is saying applied.

Yes, the verdict was overturned, but the defendant had to deal with it, had to defend it, had to spend money. Probably for years.
The Arther Andersen verdict was overturned, but are they doing any audits?

The point of the quote was to show it happens.
And the “golf course owner” in TV would definitely throw the golfer under the bus.

Quote:

Originally Posted by bilcon (Post 2267437)

If you read the Villages Golf Etiquette Rules you would know:

Do not enter private property to look for or retrieve your golf ball.

I live on the golf course and love it, until someone starts walking through my flower beds looking for a ball. That's a no no!

I never go onto private property to look for or retrieve a golf ball, unless, the property owners are nice people like the ones on Orange Blossom. There is a sign on their property line saying “feel free to enter if you are looking for your golf ball”. Gotta love the friendly folks in the Historic Section : ) If we lived on a golf course, people retrieving their golf balls would be graciously welcome.

Quote:

Originally Posted by retiredguy123 (Post 2266698)

Then, how do you explain why a pro golfer on the tour is not responsible for injuries they cause to a spectator? Even if the spectator signs a waiver, it would not supercede a Florida statute or law if it existed.

But you get a signed glove.
Maybe if you break a window, you should offer to sign ball if confronted!

It's one thing if you hit the errant ball and didn't realize a window was broken. But I'd guess a number of people are very aware they did break or did possibly break a window, and they don't do what is morally correct. Shame on you.

Update,

Here is the official answer from a representative of The Villages:

Good afternoon,

Thank you for taking the time to reach out GolfTheVillages.com.

In the Good Golf Guide, we do state….”Please NEVER play or retrieve a ball from the yard of a resident. Report any damage of private property to the homeowner.”

In regards to responsibility, I believe in Florida, the courts have tended to rule in favor of the golfer (saying the homeowner is responsible) unless they can see intent.

Thank you again and I hope that helps,

Ken Roshaven, PGA
Executive Director of Golf Services
1024 Canal Street | The Villages, Florida 32162
Office: 352-753-3396 | Extension: 2518 | Fax: 352-259-4422

Quote:

Originally Posted by blueash (Post 2267467)

Not sure if matter of "course" was meant as a pun

:boom:

:mademyday:

very's by state. Were I lived my insurance would pay if I put a ball thru someones window. People would call clubhouse and ranger would hunt you down for your info.

window broken by errant golf ball

Its not a question of who was there first. The question is whether you can use your land in a manner that creates a nuisance for a neighbouring property owner. Usually the liability rests with the golf course owner but in many cases the golf course is built first and the golf course owner then sells lots to homebuilders. There is usually a covenant in the sale of the lots that prevents the golf course owner being liable for damages by errant golf balls.