If you hit someone in a course, whose at fault

**kekoa** · March 25, 2008

Last friday, my buddy had the yips with his driver. he topped on into the back yard of a house and some guy comes out of the yard holding his forehead. When i looked, there was a very, very small bump. To me, it didn't seem like the ball hit him. I've seen people get hit by balls before and it turns into a huge bruised welt.

Anyhow, who is at fault when homes line the entire fairway???

thanks.

**dave39** · March 25, 2008

this is a question that you should be able to answer for yourself...

but, it's the players fault. not the guy on his property. He didn't know that you suck that much.

mattmatt300 · March 25, 2008

dont live on a golf course if youre afraid of golf balls

**Wisco-Kid** · March 25, 2008

Did your buddy yell "FORE!" knowing the ball was headed in a direction where there could be people?

**kekoa** · March 25, 2008

this is a question that you should be able to answer for yourself...

is that your final answer or are you being a smart ass?

btw, i don't suck that much. one of my friend does.

**Craig Mac** · March 25, 2008

In most cases the golfer is responsible for a any damage caused by an errant shot. At a best ball tourney we played a few years back, the police tracked a player down and cited him for destruction of property, leaving the scene, and public intoxication after a golf ball broke a window, most of this was due to his belligerent stance that "they should expect it living on a golf course". Could have easily been avoided if the guy took responsibility for breaking the window.

**kekoa** · March 25, 2008

Did your buddy yell "FORE!" knowing the ball was headed in a direction where there could be people?

yes he did, but the workers didn't really speak english or know golf terminology so no sure this would have helped either way.

**klaymon** · March 25, 2008

Definitely the golfer's fault. What if someone ran into your car that was parked on the street? Should he be able to say "You should be expecting it since you're parked on the street"? Of course not.

This shouldn't even be a question.

**r7 425** · March 25, 2008

This is becoming Happy Gilmore rhetoric....."he shouldnt have been standing there" Its apparent that if you get hit with a ball ON the course--the golfer should not be held liable....because you take a risk whenever you play...Its just like a foul ball in a baseball game...you cannot sue the player for an unintentional hit

**ganjagolfer** · March 25, 2008

definately the golfer's fault and besides the ob penalty strokes, additional penalty strokes depending on severity of injury, mild bump on the head is only a 1 stroke penalty but if hospitalization or medical treatment required, 4 strokes may be added. golfers must take responsibility for errant shots and not try to avoid taking the appropriate penalty and am therefore in favor of police intervention for golfers failing to do so

**rstyle** · March 27, 2008

It would be interesting t know the real answer to the question.

I played with my son in our home course. He broke a window and the owner came out somewhat angry. I told him I would pay for it. Interesting that he never asked me to pay prior to my offer.

At the clubhouse, when I told the club manager what had happened he said that it was nice of me, but that I did not have to pay. He states that when you buy property on the course you are aware and are assuming responsibility for the risks associated with living on the course. (Ex: You live on the beach and if there is a storm, you assumed the risk of damage from waves and water intrusion).

I do not know if that is a legal answer or if it is a local club-development rule.
Would be interested to know. Maybe people can ask at their courses and post the responses.

**Everardo** · March 27, 2008

Depends on the state and many time the development. On most courses in Arizona it's not the golfers responsibility but in California most of the time it is the golfers responsibility. Now this could change from county, city or again on the development itself (like on a private or semi-private course) - So it's not always black and white. For those of you who may argue, I'm speaking strickly legally, morally is another matter.

**pom** · March 27, 2008

In Australia It is the course owners " Duty of care " to ensure that property outside the course boundaries is not adversly affected by anything that happens on the course. In other words , if you hit a ball through a house window or hit some individual in his own back yard you are responsible. Many courses here now hold the individual golfer responsible for any damage caused by them Due to the rising cost of public liability insurance. If you hit another person on the course it then becomes a question off wether you did something irresponsible or stupid or if it was just a bad shot. If you go out on a golf course you should realise that there is a risk involved that you may get hit by a ball. I have been on several occasion & have not considered that anyone was "TO BLAME"

**Big_M** · March 27, 2008

dont live on a golf course if youre afraid of golf balls

uhm... NO! The person hhit wasn't necessarily afraid... nothing in the post indicated such, and he was not ON THE COURSE.

Did your buddy yell "FORE!" knowing the ball was headed in a direction where there could be people?

doesn't matter... moot point.

In most cases the golfer is responsible for a any damage caused by an errant shot. At a best ball tourney we played a few years back, the police tracked a player down and cited him for destruction of property, leaving the scene, and public intoxication after a golf ball broke a window, most of this was due to his belligerent stance that "they should expect it living on a golf course". Could have easily been avoided if the guy took responsibility for breaking the window.

Yes, generally you are responsible for any and all damage YOU cause with poor shots.

It would be interesting t know the real answer to the question.

Legal Answer may vary by state... but generally you are responsible for damage caused by golf ball. If the homes surrounding course are part of development or some such thing there may be certain inherent waivers as far as compensation for damages. If it is one of those old munis with homes outside a golf course fense or a home across the street from a course, then you will be held liable for breaking or injuring someone. If you hit someone on the course it becomes a question of degree of negligense and each states negligence statutes will come into play. Some states will require one party to be 100% at fault before recovery, others only require some negligence (50% or 51% or other threshold).

In Australia It is the course owners " Duty of care " to ensure that property outside the course boundaries is not adversly affected by anything that happens on the course. In other words , if you hit a ball through a house window or hit some individual in his own back yard you are responsible. Many courses here now hold the individual golfer responsible for any damage caused by them Due to the rising cost of public liability insurance. If you hit another person on the course it then becomes a question off wether you did something irresponsible or stupid or if it was just a bad shot. If you go out on a golf course you should realise that there is a risk involved that you may get hit by a ball. I have been on several occasion & have not considered that anyone was "TO BLAME"

you have been hit several times... sounds like a dangerous place to golf down there.

**BigAl5150** · March 27, 2008

We covered the property aspect with the

Broken Windows thread.

Legal Answer may vary by state... but generally you are responsible for damage caused by golf ball. If the homes surrounding course are part of development or some such thing there may be certain inherent waivers as far as compensation for damages. If it is one of those old munis with homes outside a golf course fense or a home across the street from a course, then you will be held liable for breaking or injuring someone. If you hit someone on the course it becomes a question of degree of negligense and each states negligence statutes will come into play. Some states will require one party to be 100% at fault before recovery, others only require some negligence (50% or 51% or other threshold).

Just adding to the above, the legal doctrine of

comparative negligence vs. contributory negligence .

**nykfan4life** · March 28, 2008

I would asssume it would vary by state.

connor35 · March 28, 2008

To me it doesn't matter what the law states.

If a poorly played shot of mine caused damage (to a property of an individual) I would pay.

**walk18** · March 29, 2008

But at the same time, if you live on a course, you should expect to get hit sometimes, when you have hundreds of golfers each day hitting shots near the house.

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