Golf-FAQ.com

who is responsible for damage from a golf ball

by Adeline Brown PhD Published 2 years ago Updated 2 years ago
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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.”May 20, 2017

Full Answer

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.

Who is responsible for damage to Windows caused by golf balls?

The property’s master deed also states owners are responsible for any damages to windows, WMBF reported, but Osoria said she was unaware of possible golf ball damage when she bought the condo. Some neighbors have put up plexiglass for more protection, WMBF reported.

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 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.

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Who pays for damage from a golf ball?

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.

Does insurance cover golf ball damage?

Comprehensive insurance often covers projectiles and falling objects. Your deductible will apply, though. If the dent costs only $100 to repair and your deductible is $250, your insurance won't cover anything and you'd have to fix the dent out of pocket.

Is a golfer liable for hitting 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.

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.

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.

What happens if you hit someone with a golf ball?

In yet another exception to the rule, a California appeals court decided a golfer who mistakenly hits someone with his golf club may be held liable for negligence. Being hit by a golf ball is an inherent risk of the sport that everyone appreciates, but being hit by a golf club is not.

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.

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.

What happens if you hit someone with a golf ball UK?

If a golf ball has hit someone, the personal injury victim may be entitled to compensation. However, it does depend on the circumstances surrounding the case. For example, if the person in question did not check that the area was clear before striking the ball, they may be deemed liable.

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 is a moose in golf?

Golf Moose is a website and mobile app that helps golfers save on golf.

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. “See how there's pieces missing on the stairs.

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.

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 .

Can a golf course be liable for an accident in Florida?

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. Community associations can be liable under certain conditions.

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.

Is a golf ball liability a HOA?

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.

What is it called when a golf ball hits a window?

It’s called “errant golf ball liability” when a stray golf ball hits someone’s window or causes other damages unintentionally, WMBF reported.

Who reached out to the golf course management?

WMBF reached out to the golf course management and was told they had no comment for this story.

Who is responsible for damage to windows in Osoria condo?

The property’s master deed also states owners are responsible for any damages to windows, WMBF reported, but Osoria said she was unaware of possible golf ball damage when she bought the condo.

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.”

Who said golfers are responsible for damage?

The guy who sent in this question, Ivan Porrata, said the golf course management told him the golfers are responsible for damage, and that they hoped the golfers would acknowledge their errant shots, especially if the driver could identify them.

What is the general rule of hitting a golf ball?

“The general rule as stated by the North Carolina Supreme Court is that ‘it is the duty of a person hitting a golf ball to exercise ordinary care under existing circumstances for the safety of others….

Who is responsible for the claims of Pope Golf?

Via McDaniel, Senior Assistant City Attorney Jannice Ashley e-mailed this brief statement: “Lessee (Pope Golf) is completely responsible for any and all claims and has agreed to indemnify the city for any and all claims. I see no exception — see Article 17 of lease.”

How high are the fences in the Leyland golf course?

I should note that the golf holes by the road are lined in one place by a 6-foot high fence and in others by Leyland cypresses that are more than 20 feet high, a pretty good barrier.

What happens if a golf ball hits your car?

A car can be damaged in hundreds of different ways. A golf ball, baseball, soccer ball, and others can all cause damage to a vehicle if they make contact with enough speed. It is not uncommon for a car to get hit by a ball at a sporting event or during the neighborhood pickup game. So what happens if a ball hits your car and damages ...

What happens if you get damaged at a baseball stadium?

Damage Occurs at a Baseball Stadium or Golf Course. 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.

Can you pay a deductible for a threw ball?

Often, out of moral obligation, the at-fault person who hit, kicked, or threw the ball will come forward and offer to pay for the damages or the deductible. The deductible can be a cheaper way to go for the person who caused the damage. Unfortunately, you are going to have a hard time forcing the at-fault person to pay up.

Can you fix a broken windshield?

The repairs needed for a broken windshield depend on the extent of the damage. It's possible to repair some minor chips on your own with simple repair kits. However, in most instances when a ball hits a car window or windshield, you'll need to have a professional completely replace the window. Cracks in your windshield can be a safety hazard, so be sure to address the problem quickly.

Can you bring a golf ball to a stadium?

It certainly would not hurt to bring it to the stadium or golf course's attention. If they did not provide proper netting or other necessary safety measures, you could bring in a lawyer and potentially have a case. In most cases, though, the cost of the damage won't warrant these steps—it will be more hassle than it's worth.

Can you bring a case to a golf course?

It certainly would not hurt to bring it to the stadium or golf course's attention. If they did not provide proper netting or other necessary safety measures, you could bring in a lawyer and potentially have a case.

Can you pay for a deductible if you hit someone?

Often, out of moral obligation, the at-fault person who hit, kicked, or threw the ball will come forward and offer to pay for the damages or the deductible. The deductible can be a cheaper way to go for the person who caused the damage. Unfortunately, you are going to have a hard time forcing the at-fault person to pay up. If they are unwilling to take responsibility, you will be on your own—unless you want to pursue the issue in small claims court.

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