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/)

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:


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