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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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