A few laws consider the golfer is liable for golf ball damage because they are the one who causes harm to other people’s property. However, since the homeowner bought the property knowing pretty well that a golf course is close and there can be such accidents, it gets passed to the owner.
Full Answer
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.
Are community associations liable for golf ball accidents?
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.
What is ‘errant golf ball liability?
It’s called “errant golf ball liability” when a stray golf ball hits someone’s window or causes other damages unintentionally, WMBF reported. “See how there’s pieces missing on the stairs.
Why is it important to have liability insurance for Bad Golfers?
Because most bad golfers are habitual slicers. If you live on a golf course, you assume risk. Contact your insurance agent to see if your personal liability coverage on your homeowner’s insurance would pay for “damage to property of others.” There will be a dollar limit stated in your policy.
Are golfers liable for property damage?
You break a window, you pay for it. The flip side of that coin is that homeowners should bear responsibility for golf ball damage since they assumed obvious risk by deciding to purchase a home near a golf course. Additionally, homeowner's insurance may handle the damage.
Who is liable for damage caused by 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 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.
Are golfers responsible for errant golf balls?
Golfers are responsible for their conduct and play, including errant shots that may result in property damage or personal injuries.
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.
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 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 a golf ball break a window?
So while a baseball or golf ball may have a huge impact on the vehicle, the ball will not actually break through the windshield. Other parts of the car, like a sunroof or a rear window, may not include the laminate but instead have tempered glass.
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).
What is an errant golf ball?
It's called errant golf ball liability when a stray golf ball hits someone's window or causes other damages unintentionally.
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.
Who is responsible when a golf ball hits a house Florida?
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.
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. ...
What happens if you live on a golf course?
If you live on a golf course, you assume risk. Contact your insurance agent to see if your personal liability coverage on your homeowner’s insurance would pay for “damage to property of others.”. There will be a dollar limit stated in your policy.
Who is responsible for hitting 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.
Does insurance cover golf balls?
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. If your home or car is hit and you are in the position of not knowing who hit the golf ball, you can ask the golf course if their insurance will pay for your damages, but typically this would be excluded.
Does comprehensive insurance cover damage?
Comprehensive coverage will normally cover damage . You will need to pay the deductible associated with this coverage There are several ways you can protect yourself from getting hit in the pocketbook. It is advisable that before you buy, look at where the house is in relation to the hole.
Is golfer responsible for homeowners insurance?
In most cases if you ask the golfer, he will say it is the homeowner and should be covered on their homeowners insurance. In other cases if you ask the homeowner he will say the golfer is responsible. You also have to catch the golfer! There is clear California case law on these points of law.
Nicholas Charles McGowan
You are liable for the harm you cause through your negligence. Notify your homeowners or auto insurer. One of them may cover the claim.
Lindsey Marie Hansen
Yes you would be liable. Check your homeowners insurance for coverage (your automobile insurance probably has an exclusion, but check).
Joel Gary Selik
Unfortunately for you , i think that you are liable for the damage you caused, absent a defect in the cart, fault of someone else, or some other excuse. In addition, the prior case is likely admissible as to your credibility. I suggest that you try to reach a settlement and avoid that golf course. Good luck!