Golfer/course liability

[IceCyIce]

1. What does the contract say? Where does the negligence lie. There should be a level of "risk assumption" related to building a house on a golf course. If a break window in a house after plunking a tree. I do not pay. Similarly if I'm a softball player and crush a window on a foul ball I do not pay. Now If I aim at the house and drive one through the living room I'm negligent and going to pay (if you can find me). Similarly if I run up to a car with a softball and throw it through the windshield I'm all in. This is mostly property damage which is pretty "clean".

2. what is not "clean" is the ball that goes onto 235 causes an accident with injuries. In this case I would be surprised if suit was not brought against the golf course. They have the money and the limits. They also have a "duty owed" to protect the public of the actions taking place at their business. I've often wondered why there is no net along 235?

 

[flynnhicks03]

Building a home or other structure alongside a golf course does not mean you accept the risk of a ball hitting your property. The golf course is designed to contain all normal golf shots and even those that are somewhat offline. But if you hit outside the course, that is negligence and you are liable for any injury or damage.

Imagine if you hit some person in his backyard. Are you going to argue that he should have known there was a golf course and so it's his fault? Doesn't work that way.

If I lived on a golf course, I would always feel like I needed to be alert when in my yard. I would say there is still assumed risk in this case. Reason #999999 why I don't live on a golf course...

 

[ArgentCy]

If you were good you wouldn’t have to worry.

Yes, but the % of golfers who are that good is tiny. So golf has old guys who don't hit the ball hard and like the 1% who spent untold hours and money to get really good. Pretty elitist sport and I used to play a lot.

 

[3TrueFans]

Yes, but the % of golfers who are that good is tiny. So golf has old guys who don't hit the ball hard and like the 1% who spent untold hours and money to get really good. Pretty elitist sport and I used to play a lot.

This guy 22 handicaps.

 

[ArgentCy]

This guy 22 handicaps.

I was a bogey golfer when I golfed a lot. I hit the ball hard but control is another story. That is a bad combination when people decided to build expensive homes in my way.

 

[3TrueFans]

I was a bogey golfer when I golfed a lot. I hit the ball hard but control is another story. That is a bad combination when people decided to build expensive homes in my way.

A true libertarian, blaming others for his mistakes.

 

[Cyclone.TV]

Yes, but the % of golfers who are that good is tiny. So golf has old guys who don't hit the ball hard and like the 1% who spent untold hours and money to get really good. Pretty elitist sport and I used to play a lot.

We are better than you, yes. Bow to me.

 

[benjimill]

The vast majority of states adopt an “assumption of risk” theory. Anecdotally, I accidentally broke the window of a house on a golf course last summer. The guy tracked down my phone number somehow, called me, and was a real prick about the whole situation, despite me apologizing profusely. He told me the course said that I was liable, but I refused to pay for anything (because of how big of a prick the guy was). He threatened to call the police, I told him to go right ahead, and I never heard back from him.

 

[dosry5]

The vast majority of states adopt an “assumption of risk” theory. Anecdotally, I accidentally broke the window of a house on a golf course last summer. The guy tracked down my phone number somehow, called me, and was a real prick about the whole situation, despite me apologizing profusely. He told me the course said that I was liable, but I refused to pay for anything (because of how big of a prick the guy was). He threatened to call the police, I told him to go right ahead, and I never heard back from him.

That was my house, jerky, and you still owe me for my window!

 

[mywayorcyway]

Briarwood in Ankeny was terrible with how close those houses are to the fairways.

I was playing Briarwood with a friend of mine in the late 90s, and my friend hit his ball, screaming at a house....and a guy standing on a ladder, leaning on the house. Probably repairing damage from a previous golfer. Ball hits the house, guy on ladder doesn't even bother to turn around. I guess this happens a lot.

Friend re-tees....hits the same house. Guy on ladder gets down and starts yelling at us, rightfully so. We yelled fore both times, but man, can't hit the same house twice.

We just drove on, friend took an "X" on that hole.

 

[BCClone]

What if I hit a different person on the course? There are some bastards I’d like to hit. If not responsible, I will start aiming at them.

 

[DeereClone]

Yes, but the % of golfers who are that good is tiny. So golf has old guys who don't hit the ball hard and like the 1% who spent untold hours and money to get really good. Pretty elitist sport and I used to play a lot.

I love it when people say golf is an elitist sport. It can be if you are at certain courses, but at most small town courses all it is is a bunch of farmers, electricians, factory workers, small town banker/insurance guys drinking a few beers, smoking, and playing a round of golf after work.

I golf and hunt and actually think golfing is cheaper and less elitist than hunting.

 

[dosry5]

I was playing Briarwood with a friend of mine in the late 90s, and my friend hit his ball, screaming at a house....and a guy standing on a ladder, leaning on the house. Probably repairing damage from a previous golfer. Ball hits the house, guy on ladder doesn't even bother to turn around. I guess this happens a lot.

Friend re-tees....hits the same house. Guy on ladder gets down and starts yelling at us, rightfully so. We yelled fore both times, but man, can't hit the same house twice.

We just drove on, friend took an "X" o

Flipping kids doing drugs on the golf course...

 

[mywayorcyway]

Flipping kids doing drugs on the golf course...

I'm pretty sure drugs were part of the equation before the "X" happened. Those were some good times.

 

[CychiatricWard]

I've definitely pulled some tee shots into houses before. Nothing ever came of it, though, so no one must've been home. It seems odd that the golfer would be liable for something that happens during golf. Even the best pros out there hit errant tee shots sometimes, and it's something you just can't control all the time.

 

[Macloney]

A decent lawyer could argue implied risk for a vast majority of these examples. An exception would be a car driving by a course being hit. There is no implied risk in driving by a golf course. Parking at a course, yes. Living on a course, yes. The only thing that would throw a wrench in this would be if you signed something saying that you would be liable for any damages.

 

[cdekovic]

Golfing with a guy in Florida once and he torched the side mirror of a moving mail truck. It was actually rather comical. What are the odds? But the mailman pulled over and chased down our foursome. Of course we three pointed at golfer #4, hehehe, so he gave the mailman his contact info and turns out his HO insurance covered it. We also made him buy beers at the end of the round.

 

[LarryISU]

What if I hit a different person on the course? There are some bastards I’d like to hit. If not responsible, I will start aiming at them.

I realize your post is somewhat in jest, but reminds me of a lawsuit on one of our company's claims about 30 years ago. A lady got hit just under her mouth by a golf ball. She was on a ladies' tee box which happened to be at about a 45 degree angle ahead of a men's tee on an adjacent hole. So she didn't sue the golfer that hit her but sued the golf course arguing that they should not have a tee box located as it was without some sort of protective fence. The jury agreed with her.

Now addressing your vitriolic post, you cannot take aim at someone. Your insurance will cover you for negligence, but actually trying to hurt someone is not negligence and is specifically excluded by your insurance policy. So don't start aiming at people!

 

[ArgentCy]

A true libertarian, blaming others for his mistakes.

At least you can have empty golf courses to play. I'm just pointing out its a difficult, expensive game, that one has to have lots of excess time and money.

 

[3TrueFans]

At least you can have empty golf courses to play. I'm just pointing out its a difficult, expensive game, that one has to have lots of excess time and money.

It's only as expensive as you make it, and if it were easy it wouldn't be fun.