Am I legally responsible for breaking a window of a house with a golf ball if the house is located on a golf course?
Ball hit a tree and hit a window of a house, breaking the first pane of glass. Homeowner came out and I told her it was my ball. I gave her my number. Obviously that was not my intent.
Answers
Yes, you are legally responsible to make good with the property owner to repair the window you broke with the errat golf ball you hit regardless of intent to damage the window as a general rule of thumb in this country. Whether the property owner has insurance is not relevant for the cost to repair the damage caused.
Who is responsible for hitting a window?
Most instances it's the homeowners responsibility. You didn't deliberately hit the window.
What happened to the club that hit into the house?
The club sold the house and the new owners remodelled the house. After having several ball hit into the house the new owners took the club to civil court. The court said the club had to prevent players from hitting into the house. The owners were entitled to have their property golf ball free even though they bought the property knowing the golf course was there.
What is the rule for baseball?
The most popular is actually called the "baseball rule," which insulates the baseball teams and stadiums from liability when people take liners to the face, specifically down right field line.
What is the assumption of risk in baseball?
The most popular is actually called the "baseball rule," which insulates the baseball teams and stadiums from liability when people take liners to the face, specifically down right field line.
What does "house built on existing course" mean?
I wasn’t disagreeing with him; I was simply expanding on what he said. House built on existing course = no liability to course or golfer. Course built after house = no liability to golfer, possible liability to course.
Does the homeowner pay for golf ball damage?
Apropos to golf, there might be specific bylaws in the building restrictions, homeowners association, etc that definitively attach golf ball damage to the homeowner, specifically in golf communities, which accounts for the above perspective that if the house pre-existed the course the golfer pays, but if the course pre-existed the house or were built together, then the homeowner pays.
Is a golf course liable for a golf course?
However, the golf course could be liable as it assumed the risk of issues like that happening by building a course next to house.
What does Terry do during a home sale?
Terry gives buyers an inside look into the responsibilities of the real estate agent during a home sale.
What happens if a realtor knows about a sinkhole?
The theory is, if a realtor has knowledge of something—for example, we’ll use a sinkhole. If the realtor knows that there’s a sinkhole there, and the seller tries to hide the fact that there’s a sinkhole. Well, that becomes a big problem for the realtor. They must disclose it.
Who said "well, like a sinkhole special"?
Steve Pomeranz: Well, like a sinkhole special. [LAUGH]
Do you have to put a sinkhole in the MLS?
You’re not going to say, hey, by the way, there’s a sinkhole. Now it’s up to the discretion of the broker if they want to advertise it that way, certainly they can.
What happens if a golfer hits your house?
If the golfer just had a bad hit and did not intentionally try to hit your house, then he/she is not responsible. The homeowner would have to contact the golf course.
What to do if you break a window in golf?
So go out and enjoy your round of golf with your friends and if you break a window, just go along your merry way and press the bet on the next hole. Because odds are you lost that one.
What does it mean when a golf course says you are responsible for damages?
Sometimes the golf course will have signs that say, “You are responsible for damages done to houses on the course”. In reality, it’s kind of a “judgment call”. It’s not usually expensive enough to be an insurance claim so if you feel responsible, then you should pay. You could also say, “you shouldn’t have built your house so close to the course so I’m not paying”.
When you purchase a home on a golf course, do you assume responsibility?
Just as when you go to a sporting event the spectator assumes the responsibility of being struck by an errant shot.
Who is responsible for not putting up barriers to stop errant shots?
But those driving or walking on a road or street that borders a golf coarse do not assume responsibility. If a motorist while driving by has their car damaged by a golf ball it's the golf course that is held responsible for not putting up sufficient barriers to stop errant shots, not the golfer.
Do golf clubs cover broken windows?
Yes, people who live on golf courses should know there is risk. No, most golf clubs do NOT have a policy on broken windows. If someone breaks your window, you may ask them to pay for it, but know that this is as much an ethical/moral thing as it is a matter of principle. They may look at you and tell you you shouldn’t have bought a house on a course, and that your insurance should cover it, and
Do golfers owe you anything?
I live on a golf course and have had several windows broken over the years so I do know how this works. The golfer owes you nothing, though an apology would be nice. But it typically happens when I'm not there so that's all irrelevant.
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, ...
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.
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.
Richard D. Hayes
Nearly every golf course community has Declarations of Covenants, Conditions and Restrictions. Many have specific provisions for homes that abut the golf course and it is quite common to find a specific provision dealing with assumption of the risk and no liability to the golf course or players for errant balls.
Kevin Matthew Koel
Your son's actions would be considered negligence or perhaps trespass. Your son's defense is that of assumption of risk. Liability is going to come down to if she can prove your son acted intentionally or recklessly (beyond just negligently).