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.
Full Answer
Is the golfer or The homeowner responsible for the accident?
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!
Who is responsible for the damage caused by a golf ball?
Generally, the person who hit the golf ball is responsible for any damages caused by his/her errant play. * This will flag comments for moderators to take action. The King can do no wrong.
Can a car get hit by a golf ball?
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.
Is it a legal duty to hit 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…
How did the golfer die?
The injured golfer was taken to a hospital and died a few days later due to his injury, which caused a cerebral hemorrhage. No one was liable, since the injured golfer assumed the risk of being hit by a ball when he stepped on to the golf course to play.
What happened to the woman who was hit in the head by a golf ball?
This was confirmed by an Illinois Court concerning a woman who lived in a home bordering on a West Chicago golf course. The woman was gardening in her yard when she was hit in the head by an errant golf ball. She sued the golf course and the golfer for her damages. The case wound its way through the legal system before the golfer was lucky ...
What is the doctrine of golf?
The doctrine applies to golfers who are hit by errant golf balls or even flying club heads. These types of accidents are considered just part of the sport of golf and to be expected. A few years ago in Wisconsin, a golfer was struck in the right side of his head by a ball that was hit by his partner. The injured golfer was taken to ...
What are some examples of golfers?
Some examples are: The golfer was angry and intentionally slammed the ball into another person or threw the golf club and hit another person on the golf course. The golfer was inebriated and acted negligently in the way he or she was attacking the ball. A golf cart was driven in a negligent way or by a drunk golf cart driver.
What happens if a company violates a safety rule?
If a company or another person violated a safety rule, or was careless and caused injury, they may be liable. It is also true that it just might not be anyone’s fault unless a the person injured can prove someone on the golf course, or the owner and operator of the course or other entity, was unsafely negligent.
Do golf balls end up in the exact spot?
The general conclusion by most courts, in Illinois and other states, is that it is common knowledge that golf balls do not always end up in the exact spot players intend when they hit the ball. Players assume this risk when they themselves get on the golf course to play the game.
Is golf a contact sport?
The court held that golf, on the other hand, is not a contact sport because “There is never a need for players to touch one another.”. Since golf is not a contact sport, the court concluded that a player injured by the golf ball errantly hit by another golfer need only prove “traditional negligence in order to recover damages rather ...
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.
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.
Insurance Rates
Many insurers start surcharging if you file three comprehensive claims in a three year period,but some insurance carriers surcharge for all claims. It is best to check with your insurance carrier to verify how they handle surcharging for different types of claims.
Deductible
The deductible can be a cheaper way to go for the person who caused the damage if they are willing to step forward and assist. 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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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.
Do you have to pay out of your own pocket for car insurance?
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.
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 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.
Who is at fault for a golf course accident?
It can be very tricky to decide who is at fault in a golf course accident. There can be several different people or groups that contribute to an accident. It will be important to study the case and figure out if the accident was caused due to negligence on the part of the park owner, or course manager. Other accidents could be caused due to mechanical failure—such as an accident that occurs on a golf card. In some cases, an accident may be the fault of another player on the course, such if you are struck by a ball when the other player wasn’t following course rules.
What happened to a teenager who hit his head with a golf cart?
A teen was playing golf with friends when a shot ricocheted off a golf cart and hit him in the head. He wound up with a concussion and a skull injury, but due to his friends getting him prompt medical attention and excellent care from the hospital he was able to recover fully.
What are some examples of injuries that can occur in a golf cart accident?
Injuries could vary and include things such as broken bones, concussions or other head injuries, sprained ankles and even more serious problems . One example of such an accident occurred in Avon, Ohio. A teen was playing golf with friends when a shot ricocheted off a golf cart and hit him in the head. He wound up with a concussion and ...
What are the risks of playing golf?
While the game of golf may seem safe and tame, in reality, there are many chances for accident or injury to occur. Some of the potential accidents you might encounter include: 1 Tripping over landscaping 2 Slipping due to improper course maintenance 3 Golf cart accidents 4 Being struck by a ball or another player 5 Lightning strike
What are some of the potential accidents you might encounter?
Some of the potential accidents you might encounter include: Tripping over landscaping. Sli pping due to impro per course maintenance. Golf cart accidents. Being struck by a ball or another player. Lightning strike. These are just a few of the ways you could be injured.
What happens if you overdo it while playing golf?
Also, if you trip and fall over a branch on the course, but are found to be intoxicated, you may not be able to recover the same damages as you would if you were sober. Every case is different.
Where is golf played?
Golf is played all over the country, but especially in areas with warm weather climates like Arizona. While you are likely to enjoy round after round of golfing without ever experiencing a problem, the fact is that accidents can and do occur on golf courses. If you are a golfer, it is imperative that you understand the risks ...
When Assumption of The Risk Does Not Apply
Application of The Doctrine to Adjacent Property Owners and Spectators
- The assumption of the risk doctrine applies to those who voluntarily attend a golfing event as spectators, or even those who park in a parking lot next to a golf course. It also applies to those who live in homes adjacent to the golf course. This was confirmed by an Illinois Court concerning a woman who lived in a home bordering on a West Chicago golf course. The woman was garden…
Exceptions to The Assumption of The Risk Doctrine
- There may be exceptions to this rule if the plaintiff can prove that the golfer or golf club owner or operator was “grossly and recklessly” negligent. Some examples are: 1. The golfer was angry and intentionally slammed the ball into another person or threw the golf club and hit another person on the golf course. 2. The golfer was inebriated and ac...