errant golf balls and damage to a home who pays

However, if the golfer intentionally or recklessly hits a ball at a home/car, then the golfer may be responsible. Also, there may be rules that members of golf clubs consent to be bound by that contractually put responsibility for damage on the golfer regardless of responsibility under tort law. Check the golf course rules.

Full Answer

Who is liable for damage caused by errant golf balls?

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 homeowners liable for golf balls hit by HOA members?

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.

Who is responsible if a golfer hits a golf ball at home?

However, if the golfer intentionally or recklessly hits a ball at a home/car, then the golfer may be responsible. Also, there may be rules that members of golf clubs consent to be bound by that contractually put responsibility for damage on the golfer regardless of responsibility under tort law. Check the golf course rules.

How much does it cost to repair damage caused by a golfer?

Two weeks ago a particularly bad golfer sent a golf ball right through my window, causing considerable damage. I ran out to get their name and phone number so that they could pay for the damage. They said they wouldn’t pay and rudely told me to “move.” It cost me $500 to repair the damage to my home.

Who is responsible for errant golf balls?

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.

Are you responsible if your golf ball hits a house?

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.

Are golfers liable for damage?

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.

Who is liable when a golf ball breaks a window?

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. Golfers need to take ordinary care when playing, but sometimes even the best golfers will hit a wild shot.

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.

Who is responsible for damage caused by a golf ball in Florida?

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.

What happens if your golf ball breaks?

According to Rule 5-3, if a ball breaks into pieces as a result of the stroke, the stroke is cancelled and the golfer plays again, without penalty, from the original spot. A ball that's unfit for play (visibly cut, cracked or “out-of-round”) may be substituted mid-hole.

What happens if you hit someone with a golf ball?

Exceptions to Assuming the Risks of Golf The court did, however, recognize exceptions to that general rule. First, if a golfer deliberately hits someone with a golf ball, the golfer can be held liable (as the “assumption of risk” doctrine does not protect against intentional torts).

Can you sue a golf club?

It is possible to sue a golf club if you have evidence that they were partially negligent along with the golfer who caused your injuries. For example, they may not have implemented safety procedures when this should have been done.

Does homeowners insurance cover broken windows from golf balls?

Am I Responsible for Covering Any Damage Caused by the Golf Ball? Technically it would be your homeowners insurance company that's responsible for covering the damage. According to insurance expert Paul Martin, it would only be your responsibility to cover the cost of your policy's deductible out of your own pocket.

Is there a home run in golf?

Home run – Hit one over everything & out of bounds. Worm Burner – A shot going a long way on the ground. Cup Sucker – Ball rims around the hole a few times and does not fall. Flop-flop – birdie (sound of bird's wings going flop-flop).

Who is liable for golf ball damage Australia?

``The Golf Club is not liable for damage caused by golf balls. The legal stance on this is that the person who hits the golf ball is liable for the damage it causes. McLeod Golf Club's policy is to pay the insurance excess up to a value of $100.00 when damage has been caused.

What happens if your golf ball hits a car?

Most likely, you will need to file a claim on your car insurance policy under comprehensive coverage if your vehicle is damaged at a baseball stadium or golf course. You probably will not know who caused the damage, and the stadium or course will not accept liability.

What happens if your golf ball breaks?

According to Rule 5-3, if a ball breaks into pieces as a result of the stroke, the stroke is cancelled and the golfer plays again, without penalty, from the original spot. A ball that's unfit for play (visibly cut, cracked or “out-of-round”) may be substituted mid-hole.

Who is liable for golf ball damage Australia?

``The Golf Club is not liable for damage caused by golf balls. The legal stance on this is that the person who hits the golf ball is liable for the damage it causes. McLeod Golf Club's policy is to pay the insurance excess up to a value of $100.00 when damage has been caused.

Can you take golf balls from a golf course?

There's no simple answer, but the short answer is “no”, it is not illegal to hunt for golf balls, as long as you respect the owner of the course and don't bother anyone while doing it.

Frequently Asked Question

If you have hit the house unintentionally, the homeowner can consult with the insurance to handle the damage. In some cases, it could be a mutual approach from both you and the victim. But in case the victim proves a reckless or intentional hit, you’ll have to bear the damages.

Wrapping Up

And after going through several cases, possibilities and factors, I feel like usually, it’s the victim facing the damage who needs to sort things out. Having enough proof against the golfer or the course can help in winning some compensation. But usually, the thing is pretty trick.

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 .

Who is bound to lay out a golf course?

2. Both the developer and the owner of the residential community are bound to lay out a golf course with fair regard toward the comfort of homes that border the course. If, however, there is repeated, known problem with a section of the course, it must be addressed. The ultimate finding of responsibility lies within the intended reasonable use of the course.

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.

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.

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. ...

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 an Association be Held Liable?

The warm weather provides suitable weather for gathering with friends for a day on the course. For those who live and golf within their association, where does the association's responsibility begin and the player's end when it comes to damage from bad swings?

Do board members endorse recalls?

A: Board members are owners too and they have the same rights and authority that other owners have. A board member has the right to individually join in a recall effort if they so choose. It is important for any board member, who participates in a recall effort against a fellow director, to make sure they are not advocating an official board position. The board generally should not “endorse” a recall effort or authorize the use of association funds to support it.

Can you file a claim against a golf ball driver?

You may also have a claim against the driver of the errant golf ball. The courts have generally held that the driver of a golf ball is charged with the duty to exercise ordinary care for the safety of property and persons reasonably within the “range of danger.”

What is the liability of a golfer?

It is important to note that, while the applicable law is based on where you are playing, one common approach to liability on the golf course is that golfers are liable if they are negligent or do not use reasonable care when taking their shots. Essentially what this means is that if the player is not making sensible choices, such as teeing off in the wrong direction, purposefully aiming at a house or car, deciding to cut across a dogleg that puts personal property in jeopardy, then they should be liable for damages caused by their unreasonable actions. In some instances, the decision to take a mulligan (do over) shot has been held to be an unreasonable decision if the result is property damage.

What happens if you cut a dogleg in the wrong direction?

Essentially what this means is that if the player is not making sensible choices, such as teeing off in the wrong direction, purposefully aiming at a house or car, deciding to cut across a dogleg that puts personal property in jeopardy, then they should be liable for damages caused by their unreasonable actions.

What is the best way to hit a golf score?

So regardless of what jurisdiction you are golfing in, one way to make everybody happy, the homeowner, golf course and especially and most importantly you the golfer seeking to better that score is to be sure that you “Hit ‘Em Straight.”

Can a golfer be liable for breaking glass?

While golfers might be liable for the damage, proving that an individual golfer was the cause of such damage can be very tricky. When the sound of breaking glass is heard, many players pick up their bag and hustle away to the next hole instead of knocking on the door and taking responsibility for their poor aim.

Can a golf course be at fault?

There is a third possibility; the golf course itself could be at fault. In some cases, homeowners have brought suit against golf courses and won. The grounds of these lawsuits usually either pertain to a golf course being constructed too near to houses that already exist, or more commonly, they are based on poorly designed holes and tee boxes that place houses in obvious danger that could have been avoided. In these cases, both the golfer and the homeowner may escape liability, even if the courses posted rules stating they are not liable for damages.

Does homeowners insurance cover golfers?

The trend in Washington seems to be favoring homeowners, making golfers responsible for property damage their unlucky slices might cause. To those that argue the homeowner’s insurance should cover the damage, the response is that homeowners pay a high premium on insurance to cover their property, not because they are responsible for the damage, but because getting a golfer to pay for the damage they cause is not always possible. While golfers might be liable for the damage, proving that an individual golfer was the cause of such damage can be very tricky. When the sound of breaking glass is heard, many players pick up their bag and hustle away to the next hole instead of knocking on the door and taking responsibility for their poor aim. In these situations, homeowners are left with little option other than to pay the deductible and have their insurance pay for the costs of repairs.

What happened to the golf ball that hit the windshield?

Upon striking the ball a second time, however, “it went to the right over the fence, on to the roadway, and struck the windshield of [a] car.” The ball shattered the windshield and injured the driver, who brought suit in state court for negligence and nuisance. The golfer artfully argued that (1) he did not intend to hit the ball where it went and (2) it was an “act of God” in the form of an unforeseeable “atmospheric condition” that caused the ball to veer off course.

How many feet of rough is the 13th hole?

A homeowner lived near the thirteenth hole of a golf course, although between his property and the hole was “approximately 20 to 30 feet of rough, and located in that golfer’s no-man’s land [was] a natural barrier of 45- to 60-foot-high trees.” An unlucky golfer somehow (yet unsurprisingly) managed to hook his shot over the trees and into the homeowner’s patio area, striking the homeowner. The homeowner, who was hospitalized for four weeks as a result, sued the golfer under theories of negligence and nuisance.

Is a golfer liable for a poorly hit shot?

Mind you, the fact that a golfer is not liable for a poorly hit shot that strikes a fellow golfer does not give another license to “launch one” into the slow-playing foursome ahead. That’s called an intentional tort, for which one would be liable. Likewise, if someone is potentially in your ball’s line of flight, you at the least, owe her a dutiful “fore!”

Can you be protected from a golf ball?

These cases coalesce around a common theme: those who have chosen to engage the sport of golf, either by playing or by living near it, are generally not protected from a golfer’s badly struck ball. Nevertheless, each case is factually different and depends on a number of diverse considerations. A golfer wishing to protect himself or herself from liability should be sure to abide by the sport’s rules of play and … always hit it straight.

Is there a duty to shout fore in Nussbaum v. Golf Course?

The court found in favor of the golfer. It concluded that “one who chooses to reside on property abutting a golf course is not entitled to the same protection as the traveler on the public highway.” Furthermore, the court noted that “there is no duty to shout ‘fore’ where [a person] is not in the line of play or is on a contiguous hole or fairway.” Only where danger is reasonably anticipated to another is the golfer required to shout that feared four-letter word. Nussbaum v. Lacopo, 27 N.Y. 2d 311 (N.Y. 1970).

What is the most common claim against a golf course?

Specifically, getting back to the original question about damage to neighboring property, most claims arise out of allegations of nuisance or trespass. Most of these types of claims are more likely to be successful against the golf course rather than the golfer. Even so, if the homeowner built or purchased a home, knowing the hazards of living adjacent to a golf course, a defense of assumption of risk or constructive notice of hazard is often successful as long as the course had not been modified and barring allegations of improper design that are upheld.

Can an insurer refuse to pay a claim?

There are several other articles on the VU dealing with an insurer’s refusal to pay a claim simply on the basis that they feel their insured has no liability. Too often, that premise is abused, but in this case it appears that the insurer may be on sound legal ground depending on the facts and circumstances. Clearly, if a suit is filed, the insurer MUST defend the claim.

Is a golfer liable for errant shots?

There is a fairly significant body of case law dealing with the liability of golfers for errant shots. In general, the fact that a golfer struck a golf ball and the result was bodily injury or property damage does not constitute proof of liability or negligence.