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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/)

cjrjck 10-18-2023 02:07 PM

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.

dewilson58 10-18-2023 02:09 PM

Quote:

Originally Posted by cjrjck (Post 2266385)
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.

You sound like a golfer.

:beer3:

JRcorvette 10-18-2023 02:43 PM

Quote:

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

It is an Assumed Risk living on a golf course. An accident and the golfer is not liable.

Sorry about your window.

ThirdOfFive 10-18-2023 03:48 PM

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.

Stu from NYC 10-18-2023 04:00 PM

Quote:

Originally Posted by dewilson58 (Post 2266386)
You sound like a golfer.

:beer3:

or a duffer:a20:

Mr.Big 10-18-2023 04:37 PM

You better be careful these days just going on to someone’s property. You could get shot.

dewilson58 10-18-2023 04:45 PM

Quote:

Originally Posted by Mr.Big (Post 2266418)
You better be careful these days just going on to someone’s property. You could get shot.

and the homeowner's bullet could be classified as self-defense.

:22yikes:

mtdjed 10-18-2023 05:27 PM

Quote:

Originally Posted by Rich Iwaszko (Post 2266276)
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.

And then the fight began!

shut the front door 10-18-2023 05:33 PM

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.

mtdjed 10-18-2023 05:56 PM

Quote:

Originally Posted by Flyer (Post 2266342)
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.

So, if driving (a car) on a gravel road and your car throws up a gravel stone which breaks a windshield of the car behind, personnel accountability and ethics should guide one to pay for the damaged caused?

tophcfa 10-18-2023 06:05 PM

Quote:

Originally Posted by Bruce3055 (Post 2266294)
And finally, it’s possible the golfer didn’t realize they actually broke a window from 150 yds away. Many don’t have good hearing

Especially when they are shouting “fore” when the glass shatters.

tophcfa 10-18-2023 06:17 PM

Quote:

Originally Posted by Rich Iwaszko (Post 2266276)
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.

A house on Lopez has a sign in their yard that says “free beer, tomorrow”. So I knocked on his door and asked for my free beer, he said the sign say’s tomorrow. I explained that I played yesterday so it’s now tomorrow. He went in the house and got my free beer saying he was wondering if anyone would ever think of that angle.

eyc234 10-18-2023 06:26 PM

Quote:

Originally Posted by dhsmith (Post 2266090)
Come on guys lighten up how can it not be the golfers fought for breaking the window a responsible honest person would have left a note with their info, at least that’s what I taught our kids to do.

You made the mistake of thinking most golfers in The Villages are responsible. Do not fill divets, do not know what a rake is for, what is 90 degree rule and on and on.

capecodbob 10-18-2023 07:18 PM

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.

MrChip72 10-18-2023 07:40 PM

Quote:

Originally Posted by capecodbob (Post 2266445)
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.

You're assuming that the golf course layout didn't make it much more likely for windows to be hit than what would be considered "acceptable'. In some cases, it's definitely more the fault of the course design than the golfer. Do you believe that the golf course designer should come over and offer an apology and offer to pay when that happens?

UpNorth 10-18-2023 07:53 PM

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.

Stu from NYC 10-18-2023 08:55 PM

Quote:

Originally Posted by UpNorth (Post 2266449)
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.

Wow that could have ended differently

Velvet 10-18-2023 09:39 PM

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.

Black Beauty 10-19-2023 04:36 AM

Our home is on Lopez course but across from the tee, and the golf path on the other side...just what we wanted

Debra Freeman 10-19-2023 04:56 AM

: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.

PersonOfInterest 10-19-2023 06:35 AM

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?

FosterMomma 10-19-2023 06:39 AM

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.

RcCalais 10-19-2023 06:57 AM

Quote:

Originally Posted by retiredguy123 (Post 2266072)
OP, why don't you be a responsible adult and accept that you live on a golf course and the golfer was just playing golf? It was not his fault.

Quite a strange statement of irresponsibility. If you hit a parked car? Not my fault, I was just going to the store.

golfing eagles 10-19-2023 06:57 AM

Quote:

Originally Posted by PersonOfInterest (Post 2266524)
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?

Good question for a lawyer. As an amateur, I would think it might be different for a homeowner (he bought on a golf course and is aware of the risks) than for a pedestrian (may not even know the it's possible to get by a ball on his walk).

retiredguy123 10-19-2023 07:03 AM

Quote:

Originally Posted by RcCalais (Post 2266543)
Quite a strange statement of irresponsibility. If you hit a parked car? Not my fault, I was just going to the store.

Apples and oranges comparison. The law and the Villages rules are clearly in favor of the golfer. But, when you are driving a car, you are responsible for any damage you cause.

RcCalais 10-19-2023 07:10 AM

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 10-19-2023 07:38 AM

Quote:

Originally Posted by RcCalais (Post 2266555)

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 10-19-2023 08:31 AM

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 10-19-2023 09:34 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.

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

Bill14564 10-19-2023 09:41 AM

Quote:

Originally Posted by Chellybean (Post 2266612)
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 10-19-2023 09:43 AM

Quote:

Originally Posted by Chellybean (Post 2266612)
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 10-19-2023 09:47 AM

Quote:

Originally Posted by Bill14564 (Post 2266614)
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 10-19-2023 09:48 AM

Quote:

Originally Posted by dewilson58 (Post 2266616)
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 10-19-2023 09:52 AM

Quote:

Originally Posted by Chellybean (Post 2266622)
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 10-19-2023 09:53 AM

Quote:

Originally Posted by Chellybean (Post 2266622)
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 10-19-2023 09:54 AM

Quote:

Originally Posted by Chellybean (Post 2266612)
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 10-19-2023 09:56 AM

Quote:

Originally Posted by fdpaq0580 (Post 2266626)
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 10-19-2023 09:58 AM

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 10-19-2023 09:59 AM

Quote:

Originally Posted by Chellybean (Post 2266618)
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 10-19-2023 10:04 AM

Quote:

Originally Posted by fdpaq0580 (Post 2266626)
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?”


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