Wayward shot liability

[Proam1]

Is a player responsible to pay for damages if your wayward shot hits a house, a parked car, or causes any sort of damage??

 

asking for a friend...

[Jc0]

Depends. Basically it depends if it is a known risk. If you buy a house on a golf course, you assume the risk knowing a golf ball could hit a window (this can be argued the other way too though). If you hit a car driving by the driver didn't drive there thinking their car could get hit so the golfer is always responsible. 

[MPAndreassi]

You can tell your friend that he/she can usually report this instance to their homeowner’s insurance and they’ll take the claim. 

[nsxguy]

There are all sorts of laws, local and state.

 

But in general, a golfer is responsible for where his/her ball goes.

[Shankyouverymuch]

Little known fact..If you damage something when hitting a tee shot you can claim it on your auto insurance.

.

.

.

.

.Because you are a bad driver.😂😂

[Ferguson]

15 hours ago, nsxguy said:

There are all sorts of laws, local and state.

 

But in general, a golfer is responsible for where his/her ball goes.

 

 

Absolutely not true.   

 

[lefthack]

I was told that unless you are trying to hit a house, it's not on you. It's on the person who bought a house in danger.

[LeftDaddy]

Interesting thread. I’ve generally been lucky to not have to deal with this situation too often. 
 

One time I played with a “crick” in my neck, and should have just quit after a few holes because I couldn’t turn much and pulled everything a mile. Anyway, got to this one hole with a house that sits about 30 degrees off the straight line path of the hole (with no trees protecting it). I cold, dead pull the tee ball and totally clock the side of the house. Embarrassing enough, but I’m praying no one is home at the time. About 5 seconds later a husband and wife come out to assess the damages. I apologized, offered to pay whatever, explained the situation. I think the wife was ready to send me a bill, but the husband said “everything looks ok...I understand...I’m a golfer too...enjoy the rest of your round”. Whew!  But I was so shaken by it that I quit a couple of holes later. 

[me05501]

There's a local course where I used to belong that was built in the sixties with a neighborhood developed around it. There are houses lining about 14 of the 18 holes but most are out of play. 

 

Then there's number 6. It's a dogleg left with an elevated tee. The intended landing area isn't long enough to hold the modern driver, so you can either lay up, attempt a draw around the corner, or try to bite off the O.B. inside the dogleg, which is full of houses. 

 

There are plenty of guys there who will aim directly at one of those houses, using their features as aiming lines. "If I hit it right over that second gable I can be pin high!" 

 

While I understand that people buy houses on golf courses and must accept the risk, in some cases they probably don't deserve what's coming at them. If I lived in one of those houses I'd make my kids play in the front yard!

 

 

 

Edited February 8, 2021 by me05501

[Warrior42111]

It's really a course the course, HoA to HoA decision from  what I've seen here. I've played one course with a sign that said home damages are the golfers responsibility. I also have a buddy who lives on course and his HoA specifically states unless you can prove it was done intentionally that's the risk of living on the course. To note that one course with golfer liability the houses were there before they made the course after, my friends place the course was there first and houses built later or at the same time.

[nsxguy]

2 hours ago, Ferguson said:

 

 

Absolutely not true.   

 

 

Feel free to provide "evidence" of your opinion.

[Dpavs]

Depends on what mood the jury is in.

 

All kidding aside, this has been asked several times in the past and there is no one clear cut single answer to this.

[GHIN n Juice]

This is a state by state issue that has no one size fits all answer. Many, if not most, states have abolished the assumption of risk for some form of negligence evaluation but there are other factors at play.  The best answers are probably found in case law for your given state.

[Kilo1545]

Any damage to a house is easily offset by the resale value of all the brand new ProV1's they collect from their yards.  Window Replacement Cost is considered a non-operating expense and is deducted from Operating Income to reach EBIT.

 

Homes that are situated 240-250yds from the tee box and on the right side of the fairway are known as being in the "slice zone", and are sold at a slight premium compared to surrounding properties due to their massive revue generating potential.

 

[nsxguy]

23 minutes ago, Dpavs said:

Depends on what mood the jury is in.

 

All kidding aside, this has been asked several times in the past and there is no one clear cut single answer to this.

 

Exactly right.

[LeoLeo99]

1 hour ago, nsxguy said:

 

Feel free to provide "evidence" of your opinion.

NUSSBAUM v. LACOPO

[nsxguy]

7 minutes ago, LeoLeo99 said:

NUSSBAUM v. LACOPO

 

I'm sure Mr. Ferguson appreciates your support but one case in one locale doesn't prove his statement nor disprove mine.

 

And if one googles the subject one will find all sorts of opinions, articles, locales, circumstances, etc. for both sides of the argument.

 

i.e. different locales, different courses, different condo agreements, different circumstances are all factors in the different outcomes.

 

 

 

Edited February 8, 2021 by nsxguy

[irvnasty]

Based on the cases I've read about, I think it is generally the case that accidentally hitting someone or something with a golf ball isn't a cause for successful action. But like lots of other things of that sort, there can be all sorts of extenuating circumstances along the lines of recklessness or negligence.

 

Did you see someone in your fairway? Were you drinking? Did the course construct a dogleg that causes players to hit toward someone's property? Did they fail to erect a sufficiently tall net next to a highway? Had this happened or nearly happened several times in the past? Stuff that could indicate that the event was or should have been more foreseeable than just sometimes **** happens.

[LeoLeo99]

9 minutes ago, nsxguy said:

 

I'm sure Mr. Ferguson appreciates your support but one case in one locale doesn't prove his statement nor disprove mine.

 

And if one googles the subject one will find all sorts of opinions, articles, locales, circumstances, etc. for both sides of the argument.

 

i.e. different locales, different courses, different condo agreements, different circumstances are all factors in the different outcomes.

 

 

 

I cited a ruling showing you're incorrect. And it's an appellate ruling.  Cite a court case in your favor.  

[nsxguy]

19 hours ago, nsxguy said:

There are all sorts of laws, local and state.

 

But in general, a golfer is responsible for where his/her ball goes.

 

16 minutes ago, LeoLeo99 said:

I cited a ruling showing you're incorrect. And it's an appellate ruling.  Cite a court case in your favor.  

 

Good grief.

 

Firstly I simply stated "in general" and referenced states as having different laws.

 

I'm not about to go through ALL of google-verse, which wouldn't cover everything anyway, to prove "in general" is correct.

 

So, in point of FACT, since I didn't say the golfer is ALWAYS responsible, you haven't proven me "incorrect".

 

However, since I did take 2 whole minutes out of my day, here ya go - and no, I'm not discussing it further.  https://mydrted.com/faq/sue-golf-course-for-injuries-by-errant-golf-balls/

 

[LeoLeo99]

1 minute ago, nsxguy said:

 

 

Good grief.

 

Firstly I simply stated "in general" and referenced states as having different laws.

 

I'm not about to go through ALL of google-verse, which wouldn't cover everything anyway, to prove "in general" is correct.

 

So, in point of FACT, since I didn't say the golfer is ALWAYS responsible, you haven't proven me "incorrect".

 

However, since I did take 2 whole minutes out of my day, here ya go - and no, I'm not discussing it further.  https://mydrted.com/faq/sue-golf-course-for-injuries-by-errant-golf-balls/

 

Your rebuttal is an ad from a personal injury law firm?  That dealt with the course being liable not the golfer.   Alrighty, then. 

[Pepperturbo]

The answer to your question depends on your character or lack thereof.  If I damage someone's property I am responsible.  Oh, and I can't stand weasels that don't know wrong from right or reject accepting responsibility. 

 

As far as the law is concerned, it depends on how the laws are written in the county you live in and where the golf course is located.  I am acquainted with a few judges that will throw your AZZ in the poky for night or two if you don't cover the cost of your golf ball.  I am good with that...

Edited February 8, 2021 by Pepperturbo

[nsxguy]

1 minute ago, LeoLeo99 said:

Your rebuttal is an ad from a personal injury law firm?  That dealt with the course being liable not the golfer.   Alrighty, then. 

 

Alrighty then, so they're lying. What can I tell ya ?

 

But you didn't read far enough if you only got the course being liable.

 

And while I already said I wouldn't discuss it any further, to correct you, I guess I had to.

 

But now, I won't respond to you any further here. You get the last word. You're welcome. Enjoy. 👍

 

 

[Abh159]

My personal opinion is that when you buy a house on a golf course you understand the risk. I'd never buy a house on a course for this very reason. That being said the laws vary drastically state to state with some favoring the homeowner and some the golfer.

 

Either way unless a homeowner could somehow prove without a doubt that a specific golfer damaged his/her property (which seems very difficult to prove) I have a hard time believing a judge or jury would side with the homeowner.

 

 

Edited February 8, 2021 by Abh159

[GHIN n Juice]

52 minutes ago, Pepperturbo said:

The answer to your question depends on your character or lack thereof.  If I damage someone's property I am responsible.  Oh, and I can't stand weasels that don't know wrong from right or reject accepting responsibility. 

 

As far as the law is concerned, it depends on how the laws are written in the county you live in and where the golf course is located.  I am acquainted with a few judges that will throw your AZZ in the poky for night or two if you don't cover the cost of your golf ball.  I am good with that...

You appear to be one of those weasels.  First, while you talk a big game, I sincerely doubt you know a single judge, let alone one who has such disrespect for the law that he’d jail someone over a tort (that’s not what jails are for).  Second, please let us know who these lawless judges are so we can report them to their local bar association.  Finally, I think you should reflect on right and wrong before climbing back on your throne.

[Pepperturbo]

14 minutes ago, GHIN n Juice said:

You appear to be one of those weasels.  First, while you talk a big game, I sincerely doubt you know a single judge, let alone one who has such disrespect for the law that he’d jail someone over a tort (that’s not what jails are for).  Second, please let us know who these lawless judges are so we can report them to their local bar association.  Finally, I think you should reflect on right and wrong before climbing back on your throne.

Guess you read yourself in... and don't get out much, and probably accomplished even less.  Now, go to your room and think on your rude manners.  Nothing more to say to the likes of you.

Edited February 8, 2021 by Pepperturbo

[GHIN n Juice]

Just now, Pepperturbo said:

Guess you don't get out much, and probably accomplished even less.  Now, go to your room and think on your rude manners.  I nothing more to say to the likes of you.

And your judge friends are...?  Jailing a man for a tort, which is not a criminal matter, is illegal.  This is a serious breach of his duties and is grounds for disciplinary action from the state Supreme Court.  I’d put my bar license on it.  Please, who are these judges?  Or are you just blowing smoke on the internet again pepper?  Either put up or shut up.  

[Pepperturbo]

Just now, GHIN n Juice said:

And your judge friends are...?  Jailing a man for a tort, which is not a criminal matter, is illegal.  This is a serious breach of his duties and is grounds for disciplinary action from the state Supreme Court.  I’d put my bar license on it.  Please, who are these judges?  Or are you just blowing smoke on the internet again pepper?  Either put up or shut up.  

Little brave torty boys have trouble understanding conditions out of their control...  As I said...

[GHIN n Juice]

12 minutes ago, Pepperturbo said:

Little brave torty boys have trouble understanding conditions out of their control...  As I said...

That’s what I thought.  You’re not impressing anyone by lying about your “friends” and your “right from wrong” bs.  Go peddle your fortune cookie life lessons somewhere else.

[2bGood]

Interesting conversation, but if any of it happens to be relevant to you it is by accident. 
 

this a world forum with 100’s of jurisdictions  all with different laws and rules. No one size fits all answer here. 
 

one thing to check is if your golf association membership provides insurance as part of your membership for these matters. Some do.