Talk of The Villages Florida

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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/)

mrf0151 10-18-2023 07:21 AM

When a Pro on tour hit someone, it is never the player's fault. The fan or in this case the homeowner assumes all responsibility always.
It would have been nice if this player would have knocked on your door and autographed a glove.

merrymini 10-18-2023 07:26 AM

The person responsible is the golfer who should accept the damage they did and pay for it. If they were honorable, they would do so. I guess the “I am not responsible for anything” mentality does not only exist in the younger crowd it exists in the entitled old people too.

Justputt 10-18-2023 07:31 AM

Quote:

Originally Posted by BrianL99 (Post 2266218)
This is about the most "neighborly" post I've seen all year.

That "calling the police and filing charges", stuff is what really got me.

Within the context of their entire post, it makes sense. Sorry if you don't/won't see that. I suspect it was more tongue-in-cheek unless you have a repeat offender. Their overall post is spot on, e.g. own your own mistakes, fix what you damage, and don't trespass on someone else's property and leave a divot in their yard! The law may be on your side when it comes to the damage, but as I was reminded growing up, the law is a set of rules for resolving disputes and doesn't always track right and wrong.

golfing eagles 10-18-2023 07:42 AM

Quote:

Originally Posted by pdnesbitt (Post 2266212)
2)
....You hit a stray ball into someone’s back yard, then that ball is no longer yours. It’s out of bounds, Club rules say to stay off private property, and state laws prohibit trespassing; it’s gone. I’m a golfer, I have hit balls onto someone’s property before, and I leave it for them. It’s theirs now.

3) Never, ever hit a ball off someone else’s property. I just can’t believe that someone would think it is ok to trespass in someone’s back yard, which is out of bounds, and hit the ball. The next time I see someone doing this I am calling the police and filing charges for trespassing and destruction of private property.

..... We don’t want people walking in our yard disrupting our tranquility any more than you would.

Well, not exactly.

Law firm experts on Florida statutes:

"Under most circumstances, a person who enters your property without permission is trespassing. This is almost universally against the law. To claim a trespass, you must have warned the trespasser—asking them to stop. To press the claim, there cannot be valid reason for the trespasser’s presence.

Your property rights extend above and below, which means that someone who digs a tunnel under your property, or who flies a kite over your house may actually be guilty—if prosecuted—of trespassing.

Except for a particular instance in Florida
There are some exceptions to the trespass law. Most of them are in the case of an emergency. For example, the police may pursue suspected criminals across your property. You can trespass onto your neighbor’s property to save it if you saw their kitten fall into the pool. These are, for the most part, all practical and easy to understand.

Until you get to golf balls.

Under Florida property and real estate laws, any golf course community must include a section in their deed restrictions, easements, and covenants that allows golfers to retrieve their errant balls on your property.

In plain English, it means that golfers have a legal right—at reasonable times and in a reasonable manner—to come onto your property to retrieve a golf ball. We are unaware of any restrictions pertaining to the loud color of their Bermuda golf shorts contributing to being unreasonable. Just saying.

When I'm on my lanai "enjoying the Florida sunshine and a golf ball lands in my back yard, I tell the golfer just go ahead and get it.

airstreamingypsy 10-18-2023 07:54 AM

Quote:

Originally Posted by pdnesbitt (Post 2266212)
I’m sorry that your window was broken, but I am more sorry about some of the comments in this thread. I usually don’t jump into these forays, but I couldn’t leave this one alone this morning.

I love living in The Villages, but the one thing I hate is the entitled attitude by a few. I know we were all raised differently, but OMG, I sometimes can’t believe what I see and hear here, and the attitude towards golf course home owners seems to be the worst. So here’s how my mama raised me:

1) You damage someone’s property you are at fault. I don’t care if is an errant golf ball, a baseball, or whatever, you did it it is your fault. Under current laws you may not be liable for the damages, but you did it. So, the ethical and neighborly thing to do is fess up and pay for what you did.

2) You hit a stray ball into someone’s back yard, then that ball is no longer yours. It’s out of bounds, Club rules say to stay off private property, and state laws prohibit trespassing; it’s gone. I’m a golfer, I have hit balls onto someone’s property before, and I leave it for them. It’s theirs now.

3) Never, ever hit a ball off someone else’s property. I just can’t believe that someone would think it is ok to trespass in someone’s back yard, which is out of bounds, and hit the ball. The next time I see someone doing this I am calling the police and filing charges for trespassing and destruction of private property.

Those of us with golf course views, just want the same thing as any other Villager, we want to be able to sit on our lanai and enjoy the Florida weather. We don’t want people walking in our yard disrupting our tranquility any more than you would.

The coffee is kicking in now, so rant mode is subsiding, but just one final thought; we are all neighbors, we should act that way.

Clearly we had the same mother raising us. The golfer should have notified the homeowner. Not the least reason, if it hit say a guest room window, when the homeowner was out, air conditioning could be going outside for months. Yes, the homeowner moved to a golf course home, but the golfer who hit the ball is responsible for breaking the window and should make it right.

golfing eagles 10-18-2023 07:58 AM

Quote:

Originally Posted by airstreamingypsy (Post 2266249)
Clearly we had the same mother raising us. The golfer should have notified the homeowner. Not the least reason, if it hit say a guest room window, when the homeowner was out, air conditioning could be going outside for months. Yes, the homeowner moved to a golf course home, but the golfer who hit the ball is responsible for breaking the window and should make it right.

Morally and ethically, I agree 100% and it is what I would do. However, we are governed by laws, and the law states otherwise. Simply stated, you can't legislate morality.

Bilyclub 10-18-2023 08:04 AM

1 Attachment(s)
Quote:

Originally Posted by zummy (Post 2266047)
Our bedroom window was broken by an errant golf ball



I guess they didn't get the answer they were looking for.

neilbcox 10-18-2023 08:09 AM

When you closed on your golf front home you signed a liability release and agreed to make golf ball damage on your property.

Taltarzac725 10-18-2023 08:11 AM

We lived just off one of the golf course holes in Rohnert Park, CA. A wayward golf ball would hit the house rather often. Usually the roof would get the ball. Occasionally one of us would throw the ball out to the golfers if they were still around.


I do miss living just off the golf course. This was Foxtail Golf Course North just across the 9th hole from the Hilton which was the Red Lion at that time. Foxtail Golf Club Rohnert Park - North Course | Sonoma County Golf


Maybe get something planted so the window is protected. I think we had that in Rohnert Park so that the windows facing the golf course were not vulnerable to bad strokes of the ball.

Bilyclub 10-18-2023 08:14 AM

1 Attachment(s)
To add some context to the whole matter. The wind was howling out of the North Monday, but not so much Tuesday.

SHIBUMI 10-18-2023 08:17 AM

If you buy a house on a golf course you bear the blame for any damage done to your property by golf balls. If you buy a house and then a golf course is built near it the golf course bears the blame. In case one it is your insurance company. In case 2 its your lawyer.
In any case, Any interaction with the homeowner can only inflame the situation, best to avoid. Thats why you don't put your name on your golf ball.

Stu from NYC 10-18-2023 08:20 AM

Quote:

Originally Posted by golfing eagles (Post 2266252)
Morally and ethically, I agree 100% and it is what I would do. However, we are governed by laws, and the law states otherwise. Simply stated, you can't legislate morality.

You can legislate morality however it does not work.

Wonder if we can blame the errant golf ball on global warming?

OhioBuckeye 10-18-2023 08:25 AM

Yes they had to know it but you know you had to know when you buy a home on golf coarse this was bound to happen. That’s why they sell Ins.

SHIBUMI 10-18-2023 08:26 AM

So a golfer hits his ball onto a home owners property, he goes in and the homeowner is sitting in a lawn chair, the golfer asks, Did you see my ball? the homeowner opens his hand and says, You mean MY ball now. The golfer goes back to his bag and gets a ball and presents it to the homeowner. The homeowner says, Whats this for? The golf responds, every man(**) ought to have 2.

golfing eagles 10-18-2023 09:06 AM

Quote:

Originally Posted by Stu from NYC (Post 2266272)
You can legislate morality however it does not work.

Wonder if we can blame the errant golf ball on global warming?

Well, I think we know at least one poster on TOTV that would try :1rotfl::1rotfl::1rotfl:

Topspinmo 10-18-2023 09:15 AM

Quote:

Originally Posted by zummy (Post 2266047)
Our bedroom window was broken by an errant golf ball

Put canopy’s over you’re windows

Bruce3055 10-18-2023 09:22 AM

I like your response.
 
Quote:

Originally Posted by Sandy and Ed (Post 2266146)
well said !!!!

I like the idea of letting the. Golf course shop know you broke a window and going from there.

Directly trying to find the owner (or the renter) could lead to other problems. But I would like the owner know I was sorry.

And then comes the sticker price shock of replacing a window today. (My only reference point is replacing a window 50 years ago). I’d guess hiring someone to replace a window today would cost $100 - 200.

It’s unfortunate some home owner would claim they had to replace their gutters because a ball hit their roof. But it encourages a person to not insist upon contacting the owner.

And finally, although not a part of your post, it’s possible the golfer didn’t realize they actually broke a window from 150 yds away. Many don’t have good hearing

fdpaq0580 10-18-2023 09:27 AM

Responsibility? Errant golf ball does not fly on its own. Someone, usually, hits it. Ball flies into neighbors yard. Ball strikes neighbor. Neighbor dies. Golfer, a. retrieve ball and return to game, b. calls for help.

According to most of the responders sound like they would choose option 'a' and not bother with the corpse the inadvertently created. No different than breaking a window, I guess. Hmm?

golfing eagles 10-18-2023 09:32 AM

Quote:

Originally Posted by fdpaq0580 (Post 2266296)
Responsibility? Errant golf ball does not fly on its own. Someone, usually, hits it. Ball flies into neighbors yard. Ball strikes neighbor. Neighbor dies. Golfer, a. retrieve ball and return to game, b. calls for help.

According to most of the responders sound like they would choose option 'a' and not bother with the corpse the inadvertently created. No different than breaking a window, I guess. Hmm?

Yeah, you must be right----those two scenarios are morally and legally equivalent:1rotfl::1rotfl::1rotfl:

Taltarzac725 10-18-2023 09:41 AM

Quote:

Originally Posted by fdpaq0580 (Post 2266296)
Responsibility? Errant golf ball does not fly on its own. Someone, usually, hits it. Ball flies into neighbors yard. Ball strikes neighbor. Neighbor dies. Golfer, a. retrieve ball and return to game, b. calls for help.

According to most of the responders sound like they would choose option 'a' and not bother with the corpse the inadvertently created. No different than breaking a window, I guess. Hmm?

Fore! Beware the wayward golf ball | Golf News and Tour Information | Golf Digest

It does happen that someone dies from getting hit by a golf ball. I would be more worried about the broken glass in the OP's situation.

Bruce3055 10-18-2023 09:44 AM

Quote:

Originally Posted by zummy (Post 2266047)
Our bedroom window was broken by an errant golf ball

I liked your later post where you said please contact us. It was a brave post to put your name and phone numbers directly on the post

And it would have been nice if nobody commented on your post except the golfer who hit the shot called to settle up with you. It certainly doesn’t sound like you would claim mental distress to your desired outcome

Stu from NYC 10-18-2023 09:57 AM

Quote:

Originally Posted by Bruce3055 (Post 2266308)
I liked your later post where you said please contact us. It was a brave post to put your name and phone numbers directly on the post

And it would have been nice if nobody commented on your post except the golfer who hit the shot called to settle up with you. It certainly doesn’t sound like you would claim mental distress to your desired outcome

This is a golfing community and do you really expect the post would not be of interest to many of us?

PurePeach 10-18-2023 10:10 AM

Quote:

Originally Posted by zummy (Post 2266047)
Our bedroom window was broken by an errant golf ball

Here’s the rule/law: Understanding Florida’s Errant Golf Ball Damage Law – Florida Golf Club

golfing eagles 10-18-2023 10:28 AM

Quote:

Originally Posted by PurePeach (Post 2266314)

Unfortunately, that is not the rule/law according to the majority of sites. Here's one:

"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."

Rainger99 10-18-2023 10:32 AM

Quote:

Originally Posted by pdnesbitt (Post 2266212)
You damage someone’s property you are at fault. I don’t care if is an errant golf ball, a baseball, or whatever, you did it it is your fault. Under current laws you may not be liable for the damages, but you did it. So, the ethical and neighborly thing to do is fess up and pay for what you did.
.

What if you are playing golf next to a highway and you hook the ball into someone's car, breaking their windshield, and causing a crash where people are killed?

Do you think that you are ethically responsible for paying those damages?

fdpaq0580 10-18-2023 10:37 AM

Quote:

Originally Posted by PurePeach (Post 2266314)

Thanks! Pretty much as I thought, "you do the crime, you do the time", even if is "unintentional".

golfing eagles 10-18-2023 10:43 AM

Quote:

Originally Posted by fdpaq0580 (Post 2266324)
Thanks! Pretty much as I thought, "you do the crime, you do the time", even if is "unintentional".

Except that's not what the Florida Supreme Court and other lower courts have ruled. Morally, yes you are responsible. Legally, not so much

fdpaq0580 10-18-2023 10:49 AM

Quote:

Originally Posted by golfing eagles (Post 2266320)
t
presumed ."[/SIZE][/B]

Presumptions, like assumptions, are often spouted when trying to make an invalid point.

fdpaq0580 10-18-2023 10:54 AM

Quote:

Originally Posted by Rainger99 (Post 2266322)
What if you are playing golf next to a highway and you hook the ball into someone's car, breaking their windshield, and causing a crash where people are killed?

Do you think that you are ethically responsible for paying those damages?

Ethically and legally. You just described involuntary manslaughter

golfing eagles 10-18-2023 11:03 AM

Quote:

Originally Posted by fdpaq0580 (Post 2266328)
Presumptions, like assumptions, are often spouted when trying to make an invalid point.

Please point out what is invalid about posting Florida Supreme Court rulings on the subject??? Didn't realize factual posts require your validation

Rainger99 10-18-2023 11:05 AM

Quote:

Originally Posted by fdpaq0580 (Post 2266331)
Ethically and legally. You just described involuntary manslaughter

I will let the lawyers comment on this but I did a quick google search and I could not find a single case in which a golfer was held liable for a car accident caused by an errant shot.

However, I found this

FORE! PERSONAL LIABILITY OR ERRANT GOLF SHOTS.

This is a quote "The same standard would also apply if an errant shot caused a ball to cross a road near a golf course and either hit a passing vehicle or injure a pedestrian. Without some showing that the golfer was acting unreasonably (lined up facing the road, intentionally made an effort to hit a vehicle, etc.), it would almost certainly alleviate the golfer’s legal responsibility for damages resulting from her or his shot."

Taltarzac725 10-18-2023 11:22 AM

Quote:

Originally Posted by Rainger99 (Post 2266335)
I will let the lawyers comment on this but I did a quick google search and I could not find a single case in which a golfer was held liable for a car accident caused by an errant shot.

However, I found this

FORE! PERSONAL LIABILITY OR ERRANT GOLF SHOTS.

This is a quote "The same standard would also apply if an errant shot caused a ball to cross a road near a golf course and either hit a passing vehicle or injure a pedestrian. Without some showing that the golfer was acting unreasonably (lined up facing the road, intentionally made an effort to hit a vehicle, etc.), it would almost certainly alleviate the golfer’s legal responsibility for damages resulting from her or his shot."


This must happen a lot in the Villages of golf balls hitting houses. I would hope that some reasonable man approaches have been taken. If you live by a golf course you would expect some golf balls to hit your house. And the homeowner should take safety measures .

Flyer 10-18-2023 11:27 AM

Right or Wrong, Personal responsibility
 
Lived on Golf Course. Had two windows broken in one year. One guy totally ignored situation, dropped ball other side of fairway. Other gentleman, gave me his card and insisted I send him the repair bill.
Personal accountability and ethics matter to some.

Burgy 10-18-2023 11:31 AM

Quote:

Originally Posted by dewilson58 (Post 2266061)
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.

On that hole it was a very bad shot

dewilson58 10-18-2023 11:34 AM

Quote:

Originally Posted by Burgy (Post 2266344)
On that hole it was a very bad shot

an unqualifiable term will not change the law.

:beer3:

Dusty_Star 10-18-2023 11:50 AM

Fore! Beware the wayward golf ball | Golf News and Tour Information | Golf Digest

"In most cases, the victims were standing in what ...(is) call(ed) “the hot zone.” That’s the area between approximately 270 and 300 yards from the tee. Often it’s on the opposite side of where the trouble is on a hole."

This is talking about the pro tour. I wonder where the hot zone is in The Villages courses. 125 - 200 yards out?

golfing eagles 10-18-2023 12:11 PM

Quote:

Originally Posted by dewilson58 (Post 2266345)
an unqualifiable term will not change the law.

:beer3:

True, but if you're familiar with Fort Walton #7, and I think you are considering your post about #4, you would agree it IS a VERY bad shot:1rotfl::1rotfl::1rotfl:

elle123 10-18-2023 01:20 PM

Quote:

Originally Posted by zummy (Post 2266047)
Our bedroom window was broken by an errant golf ball

It's considered collateral damage if you decide to purchase a home on a golf course. You might want to wear a helmet when you're puttering about the house.😁

RCMill531@comcast.net 10-18-2023 01:43 PM

Golf Course Living
 
Not trying to be insensitive but golfers golf on the courses and do not intentionally hit balls onto houses. I can’t believe anyone would expect them to come to your residence after an incident. If they see you outside, a “sorry about that” would be nice but otherwise, there’s nothing else to be done. You know the risks in living on a golf course.

Stu from NYC 10-18-2023 02:06 PM

Quote:

Originally Posted by golfing eagles (Post 2266352)
True, but if you're familiar with Fort Walton #7, and I think you are considering your post about #4, you would agree it IS a VERY bad shot:1rotfl::1rotfl::1rotfl:

I probably could make that shot that is why I have given up the game until I get around to get another lesson to correct my new bad habit, as opposed to my previous bad habits.


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