Sliced a ball into an expensive window. Did I do the right thing?

[Shindig]

The responsibility lies with the person who HIT THE BALL OFF THE FREAKING GOLF COURSE. Pretty simple.

So you completely absolve the person who chose to put himself in the situation a very large number of times (hundreds per day, likely), without taking any precautions, and you place the entire blame on the person who was in the situation a smaller number of times (not daily, and maybe a little over a dozen on the few days he was in such situations), and who may have taken reasonable precautions to avoid the situation. Got it.

[Aguirre]

So, you place a dollar limit on your personal integrity?

What if it were a million dollar custom designed window by the world's most famous window builder?  What, David in FL, you supremely moral being of accurate statistics and personal integrity, you cut him a seven figure check, right?   Insurance does kick in at some point, and it's not unreasonable to expect somebody who lives on a golf course to address the values and protection of his windows facing a fairway.  Use plexiglass or something.

[jusanothajoe]

Hmmm, would you like to elaborate on this ?

Didn't think so.  Liiiiiiiiiibbbbbbberrrrrrrrraaaaaaalll

[Hammer 4]

I don't care what "the law" says. If I do something that hurts another person or damages their property, I accept responsibility for that.

Sadly, I recognize that others may live by a somewhat lesser moral standard.

Totally agree. You break something, man up and pay for it. The window wasn't broken Before the OP broke it.

[Aguirre]

Hmmm, would you like to elaborate on this ?

It's a joke about Mercedes drivers.  Works better with BMW drivers.  It's not as fun when I have to explain it.  Apologize to me, jusanotherjoe.

[jusanothajoe]

It's a joke about Mercedes drivers.  Works better with BMW drivers.  It's not as fun when I have to explain it.  Apologize to me, jusanotherjoe.

You first

[MS256]

I'm not buying for a minute that somebody has different moral values based on the wealth of the party they injure. The fact that the guy has money is a smoke screen to feel better about not taking responsibility.

If somebody doesn't man up and take responsibility for damaging a rich man's property, don't kid yourself, they'll do the same if it's a poor man's property and they think they can get away with it.

[jusanothajoe]

I'm not buying for a minute that somebody has different moral values based on the wealth of the party they injure. The fact that the guy has money is a smoke screen to feel better about not taking responsibility.

If somebody doesn't man up and take responsibility for damaging a rich man's property, don't kid yourself, they'll do the same if it's a poor man's property and they think they can get away with it.

And all the peoples stood up and said AMEN

[Golfingdad]

I've never given it too much thought.  Certainly I've played lots of courses that post signs saying that the golfer is responsible for his shots, but I always just assumed that was a California thing.  (We like to sure here apparently, so there are disclaimers on everything. ;))  I figured that those signs really meant that the course wasn't responsible.

As far as houses on the golf course, I've always kind of figured that broken windows would be part of the deal with living in a house there.  Sounds like maybe I've been wrong all of this time.  Luckily I've not broken any windows.  I've certainly bounced some off of roofs, but AFAIK no broken windows.

Common sense still tells me that you're kind of playing with fire by building a house so close to a golf course.  You should expect to have to deal with flooding if you build your house on the beach, landslides if you build on a cliff, and broken windows if you build on a golf course.

[Aguirre]

Didn't think so.  Liiiiiiiiiibbbbbbberrrrrrrrraaaaaaalll

Uh, no.

Plus, my joke was better.

[David in FL]

What if it were a million dollar custom designed window by the world's most famous window builder? What, David in FL, you supremely moral being of accurate statistics and personal integrity, you cut him a seven figure check, right?   Insurance does kick in at some point, and it's not unreasonable to expect somebody who lives on a golf course to address the values and protection of his windows facing a fairway.  Use plexiglass or something.

That's what I have insurance for. Bottom line, in response to the OP, if I break a window, I'm walking up to the house and knocking on the door. And one more time, he doesn't live ON the golf course. You hit the ball OFF the golf course in order to hit his house.

[Golfingdad]

That's what I have insurance for.

Bottom line, in response to the OP, if I break a window, I'm walking up to the house and knocking on the door.

I'm also wondering how, if OP just "ran away" how he finished his round and shot a 92?

@Michael Lee , how'd that happen?

[Aguirre]

That's what I have insurance for.

Bottom line, in response to the OP, if I break a window, I'm walking up to the house and knocking on the door.

And one more time, he doesn't live ON the golf course. You hit the ball OFF the golf course in order to hit his house.

Does your homeowners cover this?  I suppose my would, too, if that's the case.  Haha, I'm licensed to sell homeowner's, I suppose I should know this.  But, I never have.  Property and casualty comes with the insurance license (financial advisor).  Well, if that's the case, this makes it pretty easy.  There's no need to worry about enormous bills.

But, I don't think you have to walk to the door.  Giving your information in the pro shop should suffice.  And you live in Florida.  I wouldn't walk up to strange doors in that state without being prepared to be shot and possibly eaten alive.

[Strandly]

I disagree, the correct thing to do is to man to the accident. That is like saying, if a car runs a red light, goes through an intersection and crashes into a home, its the owners fault that he had a house there. Just sounds stupid to me.

Actually the person who hit the ball is liable. In many cases the course will specify, any damage done to cars, homes, ect.. are the responsibility of the golfer, not the golf course.

Is there a risk for homes on a golf course, yea, I get that. Still man up and at least apologize for breaking the window.

If you run a red light I think you're automatically negligent and liable for the damage.  Is slicing a ball considered negligence?  I really doubt it.

Anyone know what the law says about this? It seems to me it's come up a few times before. I seem to recall the homeowner is responsible, not the golfer nor the course, especially if the course pre-dates the home.

As far as moral culpability, I think OP did the right thing. It isn't as though you hit a drive a few miles to a house far from the golf course. You didn't tee it up on someone's front lawn, aim at the living room window, and let 'er rip. As far as I'm concerned, this should be the homeowner's responsibility; whether or not he or she goes through homeowner's insurance isn't your concern. Maybe if the homeowner thought the course was a strange free-range chicken farm or something.

And the same is true if you park your car somewhere that golfers might reasonable hit yours. Putting something valuable near a golf course where a ball can reasonably hit it is your fault. It isn't like the red light example -- "well off the road" isn't within even most unusual car paths (certainly not far enough off the road to hit a house).

And to anyone who would ask if I'd feel differently if the situation were reversed: yes, I think if OP hooked a ball into an expensive window, I'd feel the same way.

There's this...

I was a 9 person jury duty where a golf ball broke a window, and a person living in the house was cut, requiring several stitches. The injured person sued the golf course, and the golfer who hit the errant shot.

After all the legalize took place we voted 9-0 in favor of the defendants, since their lawyer argued the "implied consent"  law to our satisfaction. After it was all over some of us asked the judge what he thought of our verdict. He told us he agreed with our decision.

Also the defense lawyer brought up the fact that the injured person living on the golf course had not put up any protection against errant golf balls. Other residents  in the community had erected screen fencing to protect their property. Another fact that was also brought into court testimony  was that the golf course was there two years before the homes were built.

The injured party, since he was also a golfer, on cross examination, was asked if he had ever hit a golf ball that had hit a home on the course. He replied that he had on several occasions.

Originally Posted by Aguirre

How about just splitting it?  I mean, I can see arguments from both sides.  People build their homes in flood plains, on the coast, on the residue of lahars, in earthquake zones, etc., and then, well, you know what happens.  I've played plenty of courses with homes lining fairways and while I've definitely hit in into yards (including a pool, where the owner was outside and DOVE IN THE POOL to retrieve my ball, nice guy) I don't remember hitting a single one.  So, if you can't hit it straight, it's partly on you as well.

Still, there should be a limit to such things.  If you have a $3000 bay window, sorry, we'll have to settle this in court.

Hmm, not so fast on that.  If a house exists in an area before it was declared a flood plain it is allowed to stay but new construction is not allowed.  I know this because a neighbor had this situation come up some years ago.  It could vary by state though.

As far as the broken window...  I wouldn't pay for it because like others have said you assume the risk when you buy the house.  I don't know that I would leave a note but if the owners were home and came out to see what happened I would accept responsibility and apologize.

[Golfingdad]

I googled it and got a lot of mixed returns.  Some say it's the golfers responsibility, but it seems like more say it's the homeowners, so long as the golfer isn't negligent.  Accidentally slicing one OB probably wouldn't qualify as negligent.

[isukgolf]

We each have our own moral compass ... I would leave a note with contact info.  If the home owner contacted me, I would simply put them in contact with my insurance company.

Would not matter if it was double-wide trailer, or mansion ... it is what I would feel is the "right" thing for ME to do ...

I have nailed my share of houses ... but never broke a window as of yet ... I avoid narrow courses I know have houses close to the fairway

[flopster]

I'm also wondering how, if OP just "ran away" how he finished his round and shot a 92?

@Michael Lee , how'd that happen?

ESC or escape in this case. I remember when playing overseas the golf course required players  to buy "players insurance", it was not much but I'm sure it covered things like this.

[SoundandFury]

I disagree.  If you buy a course-side house, you're taking that risk. That's why most people have netting or screens up.  I see it the same as if you accidentally injure someone (accidentally as in, not hitting into them, something like you flare one into the trees where someone from the hole on the other side has ventured, they don't hear your warning, and your ball hits and injures them).  The person who hit the shot is not liable.  Golf is classified as a "contact" sport, where you assume risk for non-negligent injury by someone else.  And not just lawyer speak, but generally, that feels right to me.  I go on the golf course and I expect respect and yells of "fore", but I realize I'm putting myself at risk and it's not everyone else's job to be a low single digit who never hits an errant, risky shot.  Seems the same buying a house right next to a fairway to me.  You're assuming the risk that your property will be damaged by errant shots by buying a house right next to a hole.

I disagree.  Slicing a ball into someone's property pretty clearly rises to the level of negligent.  A person exercising reasonable care would know: (1) they don't have the skill to ensure they're not going to lose a ball right; (2) there is property located in the area where they might lose a ball; and (3) an errant shot might damage that property. With that in mind, the reasonable choice would have been to either hit a club that wouldn't reach the window, or not take the shot.  Choosing to do otherwise is negligent.

Whether there was assumption of the risk on the part of the property owner is a different argument, as is the level of contributory negligence.