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I've hit a few houses especially on par 4s on very tight executive courses. No windows yet. Caught a lot of flack from one irate homeowner after I hit the roof of her home. I apologized many times. A few rare times while trying to hit a fade on a dogleg right, I clobbered a few pull hooks, often called double cross hits. They start left and go even farther left. A couple disappeared over the first row of houses to end up who knows where. I imagine I could have hit a house not on the course. I won't ever know I guess. I assume those would be on me.
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:beer3: |
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Sorry about your window. |
My wife and I were playing one of the executive courses a few years back (Silver Lake, I think...could be wrong...) and the fairway on one of the holes paralleled a row of houses. My wife's drive bounced into a guy's yard, who was out working trimming some bushes. She asked if she could get her ball back, and the guy cheerfully went over to the ball and tossed it to her. I commented that with such close proximity to the fairway broken windows must be a worry. He grinned, went over to the nearest window, rapped on it and said "Plexiglas!".
Sort of a sad commentary on our society, where somebody might be hesitant to do the right thing because of unforeseen negative consequences. My first instinct, if I did hit a ball that broke a window, would be to tell the owner because that is the way that I was raised. Likewise if I owned a house on a golf course and somebody broke a window with a golf ball I'd expect him or her to tell me. I wouldn't ask him to pay for the window, nor would I accept it if he offered (re-glazing a window is not difficult) though I would mention that if he stopped by with a bottle of good bourbon I'd certainly share a drink or three with him. Our society has certainly changed, and not in a good way. |
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You better be careful these days just going on to someone’s property. You could get shot.
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:22yikes: |
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I find the "if you agree with me, you were raised right, like I was" mentality to be very interesting.
In case you didn't know, Ted Bundy, Jeffery Dahmer, and Paul Bernardo were all "raised right" in loving homes with very normal childhoods. Virtue signaling is not always complimentary. |
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The guy that hit the golf ball broke someone's window. Why wouldn't you "own up" to your "mistake" and offer to pay for the broken window? You, the golfer, broke the window!!! That is, unless you're not responsible for your own actions or you are some kind of legal weasel.
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True story: Many years ago I was playing a course in South Florida when I pushed a shot from about 160 yards out over a large mound on the right. Two ladies (not players) drove out from behind the mound in a golf cart, with one of them saying "you broke my cell phone - what are you going to do?". I was stunned and surprised, then thought it was some kind of scam to get some cash from me.
I just told here I was going to play golf. Then later I met her husband, who was on the course playing in another foursome, and he confirmed that my ball knocked the cellphone out of her hand and broke it. He didn't seem all that concerned, and neither did I. She wasn't supposed to be on the course anyway. |
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Well, Upnorth, I bet if you had TRIED you couldn’t have hit that cell phone out of her hand. But that is a funny story.
Another incident: “The doctrine applies to golfers who are hit by errant golf balls or even flying club heads. These types of accidents are considered just part of the sport of golf and are to be expected. A few years ago in Wisconsin, a golfer was struck in the right side of his head by a ball that was hit by his partner. The injured golfer was taken to a hospital and died a few days later due to his injury, which caused a cerebral hemorrhage. No one was liable, since the injured golfer assumed the risk of being hit by a ball when he stepped onto the golf course to play.” Blumenshine Law Group In my opinion, if you buy a house on a golf course, you take your chances of getting hit. And if you don’t want to, don’t buy on a golf course. Common sense? Trying to blame a player who has no intention to hit your place at all, is ridiculous. |
Our home is on Lopez course but across from the tee, and the golf path on the other side...just what we wanted
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:Who is Liable if a Golf Ball Causes Damage in Florida?
A general concern is damage that may be done by errant golf balls. Generally speaking, the golf club, the builder, and the course designer are usually protected from liability from golf ball damage in the same documents described above. A golfers' liability clause might read like this: "All owners, by acceptance and delivery of a deed to a Lot, assume all risks associated with errant golf balls, and all Owners agree not to make any claim or institute any action against the Community Developer, the Club, the golf course designer, the builder or any other party other than the golfer who caused the property damage or personal injury, arising or resulting from any errant balls or golf clubs.” This is a long way of saying a homeowner normally assumes (takes on) the risk of damage, and although golfers may be responsible for damage, collecting can be difficult and impractical. Instead, many homeowners choose to purchase homeowner’s insurance to cover such an event. |
Where would liability fall if a golfer were to hit and cause injury to a person in the yard of a house on the golf course or someone walk along a street adjacent to the golf course?
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I would absolutely pay for the window and apologize for my mistake but would do it through the starter shack. People here are way too prone to yelling and threats for me to be comfortable knocking on the door.
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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. |
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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? |
Simply replace your window with a better lexan solution or screen it....move on. It will happen again in the lifetime of your house.
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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. |
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Jus go read and you will learn. Hope your day improves. |
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And there is NO Florida Statute that says homeowner assumes the risk!. Everything on this post is conjecture, Unbelievable |
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Can you please provide your fact that support your position that no one assumes the risk? |
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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. |
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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. |
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