Who is responsible for golf ball damage to my home?
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. In some cases it can be a combination of the two.
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.
Who is liable if a stray golf ball hits Your House?
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.
Should homeowners insurance cover damage caused by golfers?
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.
Who pays for broken windows on a golf course?
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.
What happens if you hit someones house while golfing?
If the golfer is playing normally and accidentally hits another person or a neighboring house, there is no recourse for the injury or damage. By choosing to live on a golf course, you are accepting the risk that comes with that.
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.
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.
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.
Are golfers responsible for errant shots?
Golfers are responsible for their conduct and play, including errant shots that may result in property damage or personal injuries.
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.
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.
Does homeowners insurance cover broken windows from golf ball?
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.
What if I 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.
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 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.
Should homeowners insurance cover golfers?
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.
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.
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.
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.
Why did the banker lose?
The banker was a 5 hdcpr. He lost because he knew he could hit an errant shot at anytime, but still decided play the course, surrounded by homes anyways. The judge also said the lady had a great expectation of safety from errant golf shots while sitting inside her own home. Edited December 24, 2015 by Patch.
Is the NFL liable for concussions?
It's kind of like how the NFL isn't liable for the injuries caused to players while playing football, but they are liable for some damage caused by concussions because they specifically covered up the dangers of concussions and did not adequately protect players to prevent permanent damage from concussions. Quote.
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.
