Are Golf Course Owners Responsible for Excessive Golf Ball Damage From the Driving Range?

[dagolfer18]

If I were a course owner and someone came to me with this complaint, I would put up a sign where all members can see and read it. It would say something like, “There are nice houses next to the driving range. If you hit one, you are required to pay $X to the homeowner for damaging his house. Fill in the X as you wish. I wouldn’t fine too much, probably in the neighborhood of $100, but enough to where the members think, “Hey, this IS a big deal, and I should do something about it.”

On 12/22/2019 at 4:39 PM, Double Mocha Man said:

Solution:  Set up a practice mat on your front lawn and learn how to play golf.  Drill shots back at the driving range.  That'll get the attention of the course owner.

This is part 2 of what I’m saying above. People should improve their games at home, where the only danger that should be is them hitting their own house.

[downbylaw11]

wait, so in what way are the balls hitting your garage?  are people just blasting 300 yard drives and hitting your driveway on the fly? are they landing just beyond the course and bouncing towards your house?  are these good shots that have gone just too far, or wayward shots? I've never seen a driving range that was situated in such a way that you could actually hit houses.  anyways, at local courses near me, golfers who hit houses with their wayward shots are liable for damage, according to signs the course as posted, but that may be just a load of horse shit used to scare golfers into playing it more safe?  to me you would think that damage to houses to players on a golf course would directed back at said course, but either way, it's insane that nets have not been erected in your case so I would pursue whatever legal action you can to find out what you can do.  If not, just collect a bucket of their range balls.  I imagine once they realize theyre down 5000 balls or so, they might get the sense to start putting up the nets so they don't have to keep buying new balls. 

[David in FL]

1 hour ago, Bonvivant said:

I think you are in the wrong here. The owner of the driving range has the obligation to keep his activities on his own land, whether that be by a net, or moving the range to a different location on his property. This is especially important because the activities can be harmful to person or property.

 

Or, Better yet, just don’t build or buy in an area you KNOW to be dangerous.   

[Bonvivant]

2 hours ago, David in FL said:

Or, Better yet, just don’t build or buy in an area you KNOW to be dangerous.   

So the land just goes to waste because of a driving range owner that won't properly maintain his range? Pretty silly

[David in FL]

34 minutes ago, Bonvivant said:

So the land just goes to waste because of a driving range owner that won't properly maintain his range? Pretty silly

Not at all.  There could be a ton of options that it could be used for.

Turn that around.  A businessman should change his entire business simply because some goober comes by 10 years later and wants to do something with the adjacent land that isn’t appropriate given the circumstances?

[boogielicious]

6 hours ago, David in FL said:

Not at all.  There could be a ton of options that it could be used for.

Turn that around.  A businessman should change his entire business simply because some goober comes by 10 years later and wants to do something with the adjacent land that isn’t appropriate given the circumstances?

Where do you draw the line, 20 yards off the range, 50, 250? What if it wasn’t golf balls doing the damage, but say drums full of plating waste chemicals that now are seeping in the property next door. Are you going to blame the adjacent landowner for building next door or even owning that property with no building at all. For all we know, the adjacent landowners may have owned the property long before the course and range was put in.

You talk of personal responsibility but seem to ignore that the owner of the range and their clients also have personal responsibility. They are not on some higher moral ground because they were there first. This is Property Law 101. It is the responsibility of landowners not to negatively affect abutters.

[FlyingAce]

Why didn’t the home inspector notice the gazillion of dents on the garage door during inspection? That should have been a red flag to let the buyer back out of the deal. 

My home course is surrounded by homes and I sometimes wonder why anyone would buy a house backing to the fairway and thought they must not be golfers. I looked at a home in that community and while we were in the yard, a stray ball flew over our heads and needless to say, we left right away. But the house sold a week later so someone didn’t notice all those balls in the backyard.

The most expensive house in that community was built right at the turn of a dogleg left, directly in the flight path of everyone trying to cut the corner. Every week when the landscaper comes, they’d throw all the stray balls back out to the faiway - I once picked up 26 balls...The house is on the market for $7M+ now and they should add that the house comes with a lifetime supply of golf balls...

[Bonvivant]

9 hours ago, David in FL said:

Not at all.  There could be a ton of options that it could be used for.

Turn that around.  A businessman should change his entire business simply because some goober comes by 10 years later and wants to do something with the adjacent land that isn’t appropriate given the circumstances?

He/she doesn't have to change his/her entire business. He/she just has to conform to the standard for the business he/she owns. I have never seen a driving range close to the edge of the property line of a golf course unless it has a big net. Almost all ranges are centralized on the property to avoid being like this jerk that operates a hazardous range. This is closer to having a shooting range in a neighborhood but not having a backstop for the bullets. 

Have you ever been hit by a golf ball?

[iacas]

10 hours ago, David in FL said:

Not at all.  There could be a ton of options that it could be used for.

Turn that around.  A businessman should change his entire business simply because some goober comes by 10 years later and wants to do something with the adjacent land that isn’t appropriate given the circumstances?

I see you've engaged "Full Ridiculous Mode" for the holidays.

[phillyk]

1 hour ago, Bonvivant said:

He/she doesn't have to change his/her entire business. He/she just has to conform to the standard for the business he/she owns. I have never seen a driving range close to the edge of the property line of a golf course unless it has a big net. Almost all ranges are centralized on the property to avoid being like this jerk that operates a hazardous range. This is closer to having a shooting range in a neighborhood but not having a backstop for the bullets. 

Have you ever been hit by a golf ball?

And yet nothing becomes of people getting hit because one can never be fully in control of the ball, is inherent in the game. 
 

I’ve seen quite a few ranges close to homes not have any protections actually

 I like the idea of the course putting nets in front of properties that may have issues. The owners would absolutely love it now that their view is ruined.

[Double Mocha Man]

14 minutes ago, phillyk said:

And yet nothing becomes of people getting hit because one can never be fully in control of the ball, is inherent in the game. 
 

I’ve seen quite a few ranges close to homes not have any protections actually

 I like the idea of the course putting nets in front of properties that may have issues. The owners would absolutely love it now that their view is ruined.

It becomes a selling point:  3000 sq. ft., sun room, fireplace, marble counter tops, hardwood floors... golf net view!

[patriciawelch]

22 minutes ago, phillyk said:

And yet nothing becomes of people getting hit because one can never be fully in control of the ball, is inherent in the game. 
 

I’ve seen quite a few ranges close to homes not have any protections actually

 I like the idea of the course putting nets in front of properties that may have issues. The owners would absolutely love it now that their view is ruined.

First of all, we are not talking about an occasional hit from the game. I know that happens everywhere. We are talking about excessive balls hitting three properties that are in direct firing line of the driving range.

In my case. Putting up a net would not obstruct any homeowner view since our garages face the range.  The net would certainly keep us safe from getting hit in the driveway.  From what I can see, all the other homes on the course would not lose there view because the only thing that faces the net is the diving range.  The golf course owner could simply try moving the range back enough so as not to hit our three condos.  If that does not work than some taller trees might work and lastly a narrow but tall net to block the three condos would probably remedy the situation. I just wish that the owner were more cooperative.  His response to me when I approached him with these ideas were.  "There are trees there - I am not planting any more, if you want trees, then you should plant them on your property"  - My response was - well the trees are obviously too short because 105 golf balls have hit and dented our garages and there is no possible way that I can put trees on my property because there is only cement and a driveway the rest is the course common area".    When I asked him if he would try moving the range back so many yards to see if that would remedy the situation, he responded by saying  "no I will not do that, either".   I bend over backwards to keep my tenants happy.  Why can't the owner of this club try to be more accommodating with the home owners?  From what I hear there are several home owners that pray for the day when he sells the club, hoping that we will have a new owner who will do right with it.  The grounds are deteriorating, the club house and pub are not even close to what it used to be. Trust me, I am not the only one having problems with this guy!  But I go back to my original concern and that is for safety.  I can keep replacing my garage door because of the dents but what happens when my tenant or someone gets badly hurt from one of these EXCESSIVE flying balls?

[Double Mocha Man]

Bah humbug!

Go stand in his parking lot and picket the clubhouse and pub.  When he complains and claims you're on his private property just tell him his dang golf balls are on your private property.

It's America... a little civil disobedience never hurt anyone.

Edited December 24, 2019 by Double Mocha Man

[Double Mocha Man]

1 hour ago, Double Mocha Man said:

Bah humbug!

Go stand in his parking lot and picket the clubhouse and pub.  When he complains and claims you're on his private property just tell him his dang golf balls are on your private property.

It's America... a little civil disobedience never hurt anyone.

Patricia... just to be clear, that "Bah humbug" was directed at the golf course owner and was Christmas appropriate.

[phillyk]

@patriciawelch I’m not trying to voice what the solution is because there are so many things to consider. If you could give us a google map view with the distance between teeing area and your condos and the orientation if the driving range? it would be a little easier. 

I’m in the industry at a course that typically operates red (although it’s getting better) and building a fence or planting more tall trees for the homes around our course is not going to happen anytime soon. But we also have signs saying its between golfer and homeowner and we’ve talked to insurance and lawyers that say we wouldn’t be liable if something should happen. But we get homeowners coming in asking about a specific group because their house got hit. Unfortunately if you can’t name the person and prove it, there’s not much to be done. But thats what their insurance is for. 

This is for arguments sake, Just thinking, since 2005 has anyone at those condos been hit? How many balls are hit every day at that range, and you have 105 marks? lets say they make 20,000 off range sales only or since its a country club, we’ll assume since thats close to the national average for ranges. Imagine each bucket of 70ish balls is $8. That makes it 175,000 balls hit every year. 105 marks is .06%. For an course owner, is .06% and no injuries or minimal injuries worth spending money for nets or trees? Maybe it would if they are members or spend money at the club  

I understand why you are upset, I do and I know this post looks bad. But its also why no one here can really help you. Talk to a lawyer that can see your specific case. 
 

edit- if it is a country club, they may even have a clause in membership saying the golfers are responsible. 

Edited December 24, 2019 by phillyk

[David in FL]

3 hours ago, iacas said:

I see you've engaged "Full Ridiculous Mode" for the holidays.

I don’t believe in blaming other people for the consequences of my own bad decisions.  I realize that puts me in the minority, but nonetheless...

 

[iacas]

19 minutes ago, David in FL said:

I don’t believe in blaming other people for the consequences of my own bad decisions.  I realize that puts me in the minority, but nonetheless...

That isn’t what’s happening here.

[David in FL]

33 minutes ago, iacas said:

That isn’t what’s happening here.

Then you’ve completely misunderstood my point.

Regardless, these have been rehashed previously to death.  I’ll leave it at that.