If you are playing golf and hit a home or a car which is parked in a parking lot adjacent to the golf course or driving down a nearby street with your golf ball, normally you are responsible. Many courses and near-by buildings do have insurance in place to cover it, so check that as well if the issue cannot be resolved.
Who is liable for property damage caused by golf balls?
Okay maybe not that complicated. The fact is that the law regarding liability for property damage caused by errant golf balls is hazy at best. The law varies from state to state and often on a case by case basis. Some courts believe that the golfer is always responsible for any damage he/she causes to personal property while golfing.
Are Hoa associations responsible for golf ball damage?
HOA associations have a responsibility to protect members for foreseeable dangers, however, golf ball liability is hard to prove. Chances are, the homeowner may never know which golfer struck the errant ball that resulted in damage to their personal property. Additionally, the risk of living near the course is one the homeowner chose to take.
Who is responsible if a golf ball breaks a window?
When you buy a house on a golf course you agree to assume certain risks associated with the property, such as the possibility that a golf ball may break one of your windows. For the golfer to be responsible, you will have to show that he has done something that you would not ordinarily expect from a reasonable golfer.
Should golfers be held responsible for their actions on the course?
She has grown accustomed to the sounds of golf balls hitting her building and now her window. “Golfers should be responsible for the actions, but the golf course should be held accountable, as well,” she said.
Are you responsible if your golf ball hits a house?
There is clear California case law on these points of law. However, if the golfer intentionally or recklessly hits a ball at a home/car, then the golfer may be responsible.
Who is liable for a broken window on a golf course?
A: Living on a golf course means living with golf balls. While the golfer who broke your window should own up and take responsibility, she is not legally responsible for the damage if she was otherwise playing normally.
Who pays for damage from a golf ball?
The big question is who's liable to pay for those damages: the homeowner, the golf course or neither. It's called “errant golf ball liability” when a stray golf ball hits someone's window or causes other damages unintentionally, WMBF reported.
Who is responsible for an errant golf shot?
Golfers are responsible for their conduct and play, including errant shots that may result in property damage or personal injuries.
Does homeowners insurance cover broken windows from golf balls?
Homeowners insurance typically does not cover accidental breakage you cause to your own house. If your child throws a ball through your home's window or you accidentally crack a window pane, you'll likely need to pay out of pocket for the repair.
Does insurance cover golf ball damage?
“Since damage from golf balls is incredibly common, you have a few options, including coverage through your Progressive policy. If you were parked on the golf course's property, they may cover the damage. Some golf courses have liability insurance in place to help protect patron's property from damage.
Are golfers liable?
After researching the topic, I came to a fairly clear legal conclusion: A golfer is generally not liable for injuries or damages due to an errant shot by the golfer, except in situations in which the golfer is negligent, reckless, or acting with intent.
How do I protect my house from golf balls?
Plexiglass is kind of a do-it-yourself solution some golf course homeowners have decided best for them. With the Plexiglas, you can put sheets over your windows or doors. You can screw the plexiglass to the existing window frame to make it a complete solution that should block a golf ball from entering the home.
What happens if someone hits your golf ball?
Purpose of Rule: Rule 11 covers what to do if the player's ball in motion hits a person, animal, equipment or anything else on the course. When this happens accidentally, there is no penalty and the player normally must accept the result, whether favourable or not, and play the ball from where it comes to rest.
Who is liable if a golf ball hits a car?
You will most likely either have to pay out of your own pocket or by filing a claim on your car insurance policy. You can hope that, if the at-fault party comes forward or is caught red-handed, the moral obligation will take over, and they will volunteer to cover the damages.
Is a golfer liable for hitting a house in Florida?
Golfers or Golf Balls Trespassing on Florida Property Trespass is one of the oldest civil law claims. In order to claim a trespass, you must have warned the trespasser and asked them to stop, and there cannot be a valid reason for the trespasser's presence.
Can a golf ball break a roof tile?
The impact of a golf ball is much like hail and the amount of damage it does to your roof varies upon your roofing materials. Brittle tile roofs have a bad habit of breaking or cracking under such sharp pressure, while softer asphalt tiles bend inwards, and thinner metal roofing dents and may even break.
What happens when a golf ball goes through a window?
Living near a golf course is a dream for those who love to play the popular sport. When the swing of a golf club sends a ball through a nearby window or into a car, questions of liability quickly arise. Someone must pay for the repairs and discovering who the responsibility belongs to isn't easy. There are a variety of circumstances that contribute to finding fault and each case is different. Let's take a closer look at how an errant golf ball can result in finger-pointing and a blame game that delays repairs and creates tension among HOA members .
What are the facts of the case of the home bordering the course?
The court noted two important facts: 1. The homeowners who purchased homes bordering the course must be held to have taken the "discomforts of such proximity.". In other words, the homeowners assumed some risk with their home purchase. 2.
What is due car E in golf?
The Supreme Court of Florida has established that a golfer must exercise due car e for the safety of others within close range . Other Florida courts have established that the owner of a golf course is not expected to maintain the course to such a level that no accident can occur.
Is it a nuisance to live near a golf course?
Choosing to live near a golf course is risky simply due to the opportunity for a golf ball to go astray. A nuisance, as defined in law, means, "Excessive or unlawful use of one's property to the extent of the unreasonable annoyance or inconvenience to a neighbor or the public.". In the case of Sans v.
Can a community association be liable for golf ball damage?
Community associations can be liable under certain conditions. HOA associations have a responsibility to protect members for foreseeable dangers, however, golf ball liability is hard to prove. Chances are, the homeowner may never know which golfer struck the errant ball that resulted in damage to their personal property. ...
Golfers or Golf Balls Trespassing on Florida Property
A person who enters another person's property without permission is trespassing. Trespass is one of the oldest civil law claims. In order to claim a trespass, you must have warned the trespasser and asked them to stop, and there cannot be a valid reason for the trespasser's presence.
Exceptions to Trespassing Laws in Florida
Entry onto land without the owner's express consent or invitation might be permissible under certain circumstances. Emergencies are one of these circumstances.
Florida Property Law and Golfers
Under Florida property and real estate laws, golf course communities almost always have a section in their deed restrictions, easements, and covenants that allow golfers to retrieve their errant balls on residents’ properties.
Who is Liable if a Golf Ball Causes Damage?
Another 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.
More Resources
Marauding golfers and destructive balls are rare in most communities, but figuring out what law applies can be difficult. If a problem is severe, you can seek the advice of an experienced real estate attorney in Florida. Or you can find more general information on this topic in FindLaw’s real estate law and neighbor law sections.
What happens when you buy a house on a golf course?
When you buy a house on a golf course you agree to assume certain risks associated with the property, such as the possibility that a golf ball may break one of your windows. For the golfer to be responsible, you will have to show that he has done something that you would not ordinarily expect from a reasonable golfer.
What happens if a golfer breaks a window?
If one of those errant shots breaks your window, the golfer has no liability. But, you don't assume that a golfer will take extraordinary risks that place your property in jeopardy. For example, if a golfer tries to cut across a corner by hitting the ball over your house, a shot not usually part of the game of golf, ...
Is a tree falling onto another's property a liability?
A: As a general rule, a person is not responsible for damage caused when a tree falls onto another's property. This is because liability is based on negligence and, in most cases, when a tree falls it was an act of God and not the fault of the property owner.
