Several years ago a guy at Beaver Brook Golf Course, in Williamsburg, MA, hit his t shot over the green on the par 3 4th hole and hit the windshield of a passing car on Rt. 9. The ball ricocheted off the windshield, back onto the green, and into the hole for a hole in one. A couple days later the guy was a guest on The Tonight Show with Jay Leno (back in the day when the show was still worth watching). Now that’s a lucky shot.

So, if I’m at rifle range and stray Ricocheted bullet breaks window (that would be lease worries of many possible problems?) I’m not responsible right? I didn’t intentionally shoot at window, but I did pull the trigger? Now the range was there long before housing development popped up. Wonder why only golfers are not responsible for their action? lets see who golf’s, who makes rules? Upper 20%.

Had a ball bounce right in front of my car on El Camino Real a couple of years back, just as I got level with green #1 on El Diablo. It bounced high enough to clear my car by a good margin and ended up in the median. I often walk the MMP along that stretch too: both the 1st hole as well as the 2nd one are good places to find balls that escape the fence. My harvest of balls always picks up when snowbirds are more prevalent.

On the topic of "impossible coincidence" I saw my wife do something similar (though not nearly as newsworthy as the guy who bounced one off a moving windshield). She had about 90 yards to go to the pin on her second shot on a course UpNort and hit a towering shot that came down smack in the hole, with the pin still in place. Never touched the green; just hit and stuck. What are the odds?

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.

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.

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

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.

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.

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

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

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.

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.

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

: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.

:1rotfl::1rotfl:

Pretty sure Justice Kafker was indeed making a pun.

Your golf course facing home probably tripled in value over the past year, I would think that has to balance the negatives of living on a course a bit.