Believe it or not, some residents of a golf community actually think it’s YOUR fault when your drive strikes their humble abode lying just 20 yards right of the fairway.
A few weekends ago I was visiting some friends in town for business in Jacksonville for the weekend with my brother. Though they had a cushy pad at the Sawgrass Marriott Resort (so that’s why accounting fees are so high. . .), finding a tee time or $200 to play it was a long shot, so we found a reasonably priced course down the road, Windsor Parke, a nice public golf community.
The course is extremely penal: someone in our foursome ran out of balls by the 13th. But probably the most laughable thing to happen was on the back nine, when my brother’s drive sailed right and disappeared into the trees. As we rode up to the probable landing zone, a woman came out of her house and stepped across the white O.B. stakes, the only thing separating her backyard from the course.
You would think these white stakes separated Jews and Palestinians, Jon Stewart and conservatives, or Ron Artest and common sense. Because she was clearly not approaching to offer us cider and cookies. She looked visably shaken.
“Excuse me,” she said in a nagging, “I-can’t-believe-you-didn’t-take-your-shoes-off-before-you-came-inside-again” voice. “But your ball hit my house. It almost hit my window.” Adding insult to injury, she went on to say, “You’re wayyyy off track you know.”
Way off track? Your house, along with thousands of others across America nestled so close to the fairway an Olympic long jumper would have a breeze with, is in the way! Did you not get the memo that 90% of golfers can hit the side of a barn (or in this case pool room) but can’t for the life of them keep it in bounds?
This isn’t the only occassion I’ve come across homeowners infuriated with my group’s mishaps (I’m not that bad at golf, really). For most of us, a mishit doesn’t mean a drive rolls barely into the first cut of rough. Most golfers blade wedge shots forty yards over the green, shank 8-irons, and their driver could be deemed a “WMD” in the right country.
Would you buy a loft on Bourbon Street and complain about the noise? Buy an SUV in New York City and rant about the parking? Well, for every luxury an on-course property has, there’s a Top-Flite five yards away from landing in your lemonade. Rather than get upset with the golfer who has opened your eyes to the apparent golf course in your back yard, how about calling your realtor who conned you into this intrusive hell with more resale value. . .or just wear a helmet while gardening.
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Now, based on quite a bit of research I've, the fact is that in some states the golfer is responsible for damage. It can also depend on whether the home or the course was on the books as in development first. Where I live, the golfer is not responsible although I would offer to pay the deductible out of my pocket because I feel like it is the correct thing to do.
As I have told other homeowners in our community though, "You live on a golf course. Your house will get hit with a ball. Get over it."
Maybe the PGA can jump on the steriod bandwagon (lots of publicity) and have mandatory drug testing prior to teeing off.
Show me the money...
the house too??
Situation #1. If a golf course is built AFTER a house, then it should be the GOLF COURSE'S responsibility (as long as the home owner did not have notice that the golf course was going to be built). Tina, you should call an attorney (there should be a trial lawyer's association in your state) and have him or her contact the golf course as soon as possible. Not only should the owner of the course pay for any damage, but the course should also pay for erecting any fences or nets to protect your house and your children. The course should also be responsible for any property value loss caused by an ugly net in your back yard (but this could be offset if your property is worth more because of the golf course).
Situation #2. If a golf course is built BEFORE a house, then it should be the HOME OWNER'S responsibility. The owner clearly assumed this risk when the house was purchased. The owner is able to make changes on their property to minimize damage (planting trees, erecting nets or fences, or putting protective coverings over windows), which the player has no control over. The owner should have a home owner's insurance policy that will cover damage and, depending on the location of the house, a good window repairman.
Situation #3. If the golfer hit a house on purpose or was clearly negligent in some way, then the PLAYER should be responsible. I can't imagine that there would be many situations like this and even fewer that could be proved in a court. If a golfer was trying to hit a house, then the player should be responsible. If a golfer did something negligent, then the player should also be responsible. What would be a negligent golf act? For example, I would think that it should be considered negligent if a ball lands out of bounds and the player hits the ball even though the house is directly in the golf ball’s intended trajectory. I don’t think that a court would ever find that a golfer was negligent as long as he or she was playing within the rules of the game of golf, even if the player was a terrible golfer.
someone's property with a ball (golf ball, baseball, cannon ball, etc) for whatever reason, it's your fault. If you're hitting someone's window who lives 250 yards away, and 130 degrees off the intended trajectory, you would be well advised to find another hobby for yourself. Or, be prepared to pay for the destruction you cause.
I am just looking for more clarification on the whole concept of liability of bad shots/mishaps.
Thanks all....