Check with your association if you have a home damaged by golf balls. Many associations have policies created for this purpose. For example, in The Villages – one of Florida’s premier retirement and golf communities – the course etiquette asks the golfer to notify the homeowner if their golf ball does any damage to a home.
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.
Who is liable for golf ball damage to a golf course?
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.
Can a golfer enter my property to retrieve golf balls?
If your Lot is fenced or walled, property documents generally require that golfers ask your permission before entry. In short, it is likely that a golfer may enter your property to retrieve items such as golf balls (or pets) if they do so in a reasonable manner.
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.
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 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.
Are golfers liable for property damage?
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. You break a window, you pay for it.
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.
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 errant golf shot?
Golfers are responsible for their conduct and play, including errant shots that may result in property damage or personal injuries.
Who is responsible 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.
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 responsible when a golf ball hits a house 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.
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.
Can a golf ball break a car 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.
Are golfers responsible for broken windows in Arizona?
In short, if your errant golf ball breaks a window or hits a noggin or dings a car, it's your responsibility and it's up to you to do the right thing, such as hoping nobody was home or gesticulating wildly at your partner to indicate it was his/her fault.
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 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 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. ...
3 attorney answers
Attorneys Rose and Willis both gave good answers. Mr. Rose focused on practical "home improvements" that may be made to protect the home, while Mr. Willis focused on FL case law and potential causes of action. The Mariner case cited by Mr. Willis provides an excellent discussion of the issues. Another worthwhile case is Jesters v.
Michael S ('Mike') Hagen
Florida law provides that "living on a golf course and living with golf balls necessarily go hand-in-hand. The issue here is whether [you] are being subjected to more than a reasonable exposure to golfballs and what steps, if any, would be appropriate to remedy this problem." Bechhold v. Mariner Properties, Inc. 576 So.2d 921 (Fla. 2 DCA 1991).
John Alexander Willis
You should consult your homeowner's insurance policy or an experienced local property law attorney concerning your remedies. You should also check if the CC&Rs of your community will permit you to install netting around your back yard, as this might be your best protection. More
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.
Does Your Insurance Cover a Home Damaged by Golf Balls?
A golf course offers beautiful views with immaculate greens, impeccable landscapes, peace, quiet and beauty. The appeal is strong and for much easy access to golf is worth the risk of having your home damaged by golf balls.
The Law
Most law experts agree that the homeowner is responsible for the repairs if they have a home damaged by golf balls. It is based on a facet of the law called Primary Assumption of the Risk Doctrine. This doctrine is based on the view that golfers who play the game assume the level of risk inherent to the game.
Assumption of Risk
Most homeowners with homes on a golf course understand the risk golf ball damage to their homes. It is simply something that may happen from time to time. Most homeowners feel the perks of living on the course are worth the occasional damage. Consider whether you want to deal with this type of damage, before purchasing a home on a course.
Community Rules
You have assumed the risk. That doesn’t mean the golfer is not responsible for hitting that ball into your back window. Check with your association if you have a home damaged by golf balls. Many associations have policies created for this purpose.
Precautions
You should consider installing special impact resistant glass if you have a home frequently damaged by golf balls. This special window glass resists damage from flying debris – including golf balls. You may get a discount on your homeowner’s insurance if you have impact-resistant glass in your windows.
What to Do if You Have A Home Damaged by Golf Balls
First, as stated earlier, talk to your home association. If you don’t know the regulations already, the association can help. They can tell you who is responsible. Plus, it is always a good idea to put them on notice when you have a home damaged by golf balls.
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.
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.
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.