Jump to content
IGNORED

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


Note: This thread is 1606 days old. We appreciate that you found this thread instead of starting a new one, but if you plan to post here please make sure it's still relevant. If not, please start a new topic. Thank you!

Recommended Posts

10 hours ago, DeadMan said:

Talk to a lawyer. If the golf course is aware that golf balls are consistently causing property damage, and it happens pretty often, there's a good chance the golf course would be liable for the damage. If nothing else, a lawyer can probably send a nasty, threatening letter that will get the golf course's attention more than you have. 

Since you are in California, which has tons of laws, it is possible there is a law that might apply to the situation. The lawyer would be able to find out. 

FWIW, there's a country club near me that has a small range with houses at the back of it. It has restricted flight golf balls, a net, and fines anybody who hits a ball over the net. Point being, there are ways to tackle this, and it's pretty awful that the course won't do anything. 

Good grief.  Why should the course, that was there YEARS before the condos have to spend money because someone was stupid enough to build in what was clearly a bad spot.

If the owners want a net, let them put one up.  Preferably at the expense of the knucklehead builder...

In David's bag....

Driver: Titleist 910 D-3;  9.5* Diamana Kai'li
3-Wood: Titleist 910F;  15* Diamana Kai'li
Hybrids: Titleist 910H 19* and 21* Diamana Kai'li
Irons: Titleist 695cb 5-Pw

Wedges: Scratch 51-11 TNC grind, Vokey SM-5's;  56-14 F grind and 60-11 K grind
Putter: Scotty Cameron Kombi S
Ball: ProV1

Link to comment
Share on other sites

Awards, Achievements, and Accolades

25 minutes ago, David in FL said:

Good grief.  Why should the course, that was there YEARS before the condos have to spend money because someone was stupid enough to build in what was clearly a bad spot.

If the owners want a net, let them put one up.  Preferably at the expense of the knucklehead builder...

Death, taxes, @David in FL recommending a chipper, and @David in FL being annoyed at how the law handles responsibility! 😛

But seriously, yeah, the builder may have been an idiot. Building something concrete 30 yards from the end of a driving range is definitely stupid. On the other hand, maybe the driving range wasn't there when the condos were built. Or maybe the range used restricted balls at that point. Etc. Since it's now nearly 15 years since the condos were built, there's probably not a lot you can get the builder to do. The golf course is the best entity to fix this right now.

And, really, the question is: what's the best way to address this specific situation. The question isn't who's responsible, either morally or legally. The question isn't whether the golf course has legal liability for a ball that injures someone or causes property damage (this is actually an interesting question, but it's really outside of what @patriciawelch is asking here).

  • Upvote 1

-- Daniel

In my bag: :callaway: Paradym :callaway: Epic Flash 3.5W (16 degrees)

:callaway: Rogue Pro 3-PW :edel: SMS Wedges - V-Grind (48, 54, 58):edel: Putter

 :aimpoint:

Link to comment
Share on other sites

Awards, Achievements, and Accolades

There's a course I've been to that had houses at about a 45 deg. angle to the right of the driving range. There was a sign that read, "No drivers, irons only. If you hit your ball and it strikes a home you are fully liable." That course also had a hole that was lined with homes on the left side. There were 4 houses along that fairway that looked like they were in Baghdad, and had been riddled with a machine gun. There were no signs warning about hitting those homes, and being held liable.

Link to comment
Share on other sites

Awards, Achievements, and Accolades

39 minutes ago, DeadMan said:

Death, taxes, @David in FL recommending a chipper, and @David in FL being annoyed at how the law handles responsibility! 😛

 

True dat!   :-D
 

Though honestly, it’s less about how the law handles it, but more how so many individuals refuse to accept it.

Edited by David in FL

In David's bag....

Driver: Titleist 910 D-3;  9.5* Diamana Kai'li
3-Wood: Titleist 910F;  15* Diamana Kai'li
Hybrids: Titleist 910H 19* and 21* Diamana Kai'li
Irons: Titleist 695cb 5-Pw

Wedges: Scratch 51-11 TNC grind, Vokey SM-5's;  56-14 F grind and 60-11 K grind
Putter: Scotty Cameron Kombi S
Ball: ProV1

Link to comment
Share on other sites

Awards, Achievements, and Accolades

37 minutes ago, David in FL said:

Though honestly, it’s less about how the law handles it, but more how so many individuals refuse to accept it.

The problem with this thinking is that it's mostly up to your insurance company on who gets ultimate responsibility. Part of basically every insurance product is the right for the insurance company to sue someone else, in your name, for losses someone else caused.

Just a hypothetical for you. Let's say you were in an accident that got a $1M medical bill that your insurance company paid. Even if you thought you were responsible for the accident, the insurance company has the right to go after someone else for the accident. It does not matter how strongly you feel about it; the insurance company has the absolute right to do it.

So, a lot of times this stuff is really just insurance companies figuring out how to allocate losses between themselves.

-- Daniel

In my bag: :callaway: Paradym :callaway: Epic Flash 3.5W (16 degrees)

:callaway: Rogue Pro 3-PW :edel: SMS Wedges - V-Grind (48, 54, 58):edel: Putter

 :aimpoint:

Link to comment
Share on other sites

Awards, Achievements, and Accolades

  • Administrator
2 hours ago, David in FL said:

Good grief.  Why should the course, that was there YEARS before the condos have to spend money because someone was stupid enough to build in what was clearly a bad spot.

If the owners want a net, let them put one up.  Preferably at the expense of the knucklehead builder...

Okay, so imagine 20 years ago a guy creates a driving range in the middle of nowhere on a narrow strip of land he owns, and because he can just pick the balls from the property he doesn't own, he doesn't put up a net.

Then five years along, someone buys and develops all that property.

Should that property simply go undeveloped because golfers hook or slice balls off the guy's property, or should he be required to keep his stuff (his golf balls) on his property and from damaging the property of others?

  • Like 1
  • Thumbs Up 1

Erik J. Barzeski —  I knock a ball. It goes in a gopher hole. 🏌🏼‍♂️
Director of Instruction Golf Evolution • Owner, The Sand Trap .com • AuthorLowest Score Wins
Golf Digest "Best Young Teachers in America" 2016-17 & "Best in State" 2017-20 • WNY Section PGA Teacher of the Year 2019 :edel: :true_linkswear:

Check Out: New Topics | TST Blog | Golf Terms | Instructional Content | Analyzr | LSW | Instructional Droplets

Link to comment
Share on other sites

Awards, Achievements, and Accolades

1 hour ago, iacas said:

Okay, so imagine 20 years ago a guy creates a driving range in the middle of nowhere on a narrow strip of land he owns, and because he can just pick the balls from the property he doesn't own, he doesn't put up a net.

Then five years along, someone buys and develops all that property.

Should that property simply go undeveloped because golfers hook or slice balls off the guy's property, or should he be required to keep his stuff (his golf balls) on his property and from damaging the property of others?

Not necessarily, but anyone choosing to develop the property should be aware of the situation and either plan accordingly, or accept the consequences for their decision.  In this particular situation, the developer was either stupid in not recognizing the situation, or lazy in not addressing it before developing.

 

In David's bag....

Driver: Titleist 910 D-3;  9.5* Diamana Kai'li
3-Wood: Titleist 910F;  15* Diamana Kai'li
Hybrids: Titleist 910H 19* and 21* Diamana Kai'li
Irons: Titleist 695cb 5-Pw

Wedges: Scratch 51-11 TNC grind, Vokey SM-5's;  56-14 F grind and 60-11 K grind
Putter: Scotty Cameron Kombi S
Ball: ProV1

Link to comment
Share on other sites

Awards, Achievements, and Accolades

  • Administrator
46 minutes ago, David in FL said:

Not necessarily, but anyone choosing to develop the property should be aware of the situation and either plan accordingly, or accept the consequences for their decision.

Yeah, that's not how personal responsibility works.

You seem to be confusing "choices" with "rights" and some other things.

It's their right to not have their property infringed upon by an outsider, regardless of who was there first and whether or not the previous owner let the driving range guy trespass or do whatever else before-hand.

If I have an agreement with my neighbor and he lets me take vegetables from his garden whenever I want, that doesn't mean I get to keep taking vegetables when someone else buys the neighbor's house.

  • Thumbs Up 1

Erik J. Barzeski —  I knock a ball. It goes in a gopher hole. 🏌🏼‍♂️
Director of Instruction Golf Evolution • Owner, The Sand Trap .com • AuthorLowest Score Wins
Golf Digest "Best Young Teachers in America" 2016-17 & "Best in State" 2017-20 • WNY Section PGA Teacher of the Year 2019 :edel: :true_linkswear:

Check Out: New Topics | TST Blog | Golf Terms | Instructional Content | Analyzr | LSW | Instructional Droplets

Link to comment
Share on other sites

Awards, Achievements, and Accolades

50 minutes ago, David in FL said:

Not necessarily, but anyone choosing to develop the property should be aware of the situation and either plan accordingly, or accept the consequences for their decision.  In this particular situation, the developer was either stupid in not recognizing the situation, or lazy in not addressing it before developing.

 

Wondering how many construction guys/gals got whacked by errant golf balls while building the homes???  An aside:  I've never heard anyone yell "Fore!" when cranking one off the range...

Link to comment
Share on other sites


1 hour ago, David in FL said:

Not necessarily, but anyone choosing to develop the property should be aware of the situation and either plan accordingly, or accept the consequences for their decision.  In this particular situation, the developer was either stupid in not recognizing the situation, or lazy in not addressing it before developing.

Have the personal responsibility to not fire projectiles into someone else's property. 

  • Thumbs Up 1

In my bag:

Driver: Titleist TSi3 | 15º 3-Wood: Ping G410 | 17º 2-Hybrid: Ping G410 | 19º 3-Iron: TaylorMade GAPR Lo |4-PW Irons: Nike VR Pro Combo | 54º SW, 60º LW: Titleist Vokey SM8 | Putter: Odyssey Toulon Las Vegas H7

Link to comment
Share on other sites

Awards, Achievements, and Accolades

Even though it is probably a pain, I would consider getting legal advice.

Based on the attached article, you may be able to investigate if they are negligently operating their driving range by not preventing the range balls from going beyond the boundaries of the range.

-271-2048x1070-0.jpg?ztv=20180730111542

Many Floridians enjoy the spaciousness and beauty of golf course views from their homes. Unfortunately, in these Homeowners’ opinion, this serenity is sometimes marred by golfers who seek, errant balls or by the balls...

 

  • Like 2
Link to comment
Share on other sites

Awards, Achievements, and Accolades

3 hours ago, iacas said:

Yeah, that's not how personal responsibility works.

You seem to be confusing "choices" with "rights" and some other things.

It's their right to not have their property infringed upon by an outsider, regardless of who was there first and whether or not the previous owner let the driving range guy trespass or do whatever else before-hand.

If I have an agreement with my neighbor and he lets me take vegetables from his garden whenever I want, that doesn't mean I get to keep taking vegetables when someone else buys the neighbor's house.

Not necessarily.  You can assume certain risks when you take certain actions.

But again, I’m not talking law.  Simply my personal value system which others may or may not share.

In David's bag....

Driver: Titleist 910 D-3;  9.5* Diamana Kai'li
3-Wood: Titleist 910F;  15* Diamana Kai'li
Hybrids: Titleist 910H 19* and 21* Diamana Kai'li
Irons: Titleist 695cb 5-Pw

Wedges: Scratch 51-11 TNC grind, Vokey SM-5's;  56-14 F grind and 60-11 K grind
Putter: Scotty Cameron Kombi S
Ball: ProV1

Link to comment
Share on other sites

Awards, Achievements, and Accolades

A couple of thoughts:

It is always good to consider a home inspection before purchasing.

Unless it was a rental property in which the previous never lived, they should have disclosed this issue. 

Link to comment
Share on other sites

Awards, Achievements, and Accolades

5 hours ago, David in FL said:

Not necessarily, but anyone choosing to develop the property should be aware of the situation and either plan accordingly, or accept the consequences for their decision.  In this particular situation, the developer was either stupid in not recognizing the situation, or lazy in not addressing it before developing.

 

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.

 

On 12/22/2019 at 7:28 PM, Buckeyebowman said:

My thoughts exactly. Reminds me of people who buy a house close to the airport, or a railroad line, and complain about the noise! 

The difference is that the airport and rail-line don't cause direct damage to property or person. Not a good parallel at all

  • Thumbs Up 1
  • :titleist: 917 D2 9.5o EvenFlow blue shaft    :titleist: 917 F2 15o EvenFlow blue shaft    
  • :titleist: 818 H2 19o EvenFlow blue shaft 
  • :titleist: 712 AP2 4-PW
  • :vokey: 52/8o SM6 RAW    56/14o SM6 Chrome      60/4o SM6 Chrome
  • :ping: Anser Sigma G putter
  • :snell: MTB-Black Balls
Link to comment
Share on other sites

Awards, Achievements, and Accolades

Note: This thread is 1606 days old. We appreciate that you found this thread instead of starting a new one, but if you plan to post here please make sure it's still relevant. If not, please start a new topic. Thank you!

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Want to join this community?

    We'd love to have you!

    Sign Up
  • TST Partners

    Golfer's Journal
    ShotScope
    The Stack System
    FlightScope Mevo
    Direct: Mevo, Mevo+, and Pro Package.

    Coupon Codes (save 10-15%): "IACAS" for Mevo/Stack, "IACASPLUS" for Mevo+/Pro Package, and "THESANDTRAP" for ShotScope.
  • Posts

    • Iacas- Can you please post all the data behind field strengths? Thank you very much!
    • New 3W is pretty good  I hit a good drive actually but straight into a headwind so it left me far enough back from the trees to attempt something stupid. So naturally, with a new 3W in the bag, I wanted to see what it could do. Hit a high draw directly over the trees and couldn't see where it ended up from the fairway, but I knew I hit it well. I doubt that's the optimal play for scoring well in the long run but it felt good to do.
    • I'm sure you've read this, but I just have to post it, here, again, for everyone who hasn't. It changed my thinking forever and irrevocably on this exact topic:  "We don't say "the golfers are more talented" today. We say "there are more talented golfers today." "More" meaning they are far more numerous, not more talented. Talent is random. Only a small percentage of people win the talent lottery --- for world class golf, way less than 1%. And there's no telling whether the most talented player of any period, including this one, was more talented than Jack, or Jones, or Vardon. It's absolutely unknowable. What IS knowable, though, is that the base population is larger, so whatever percentage of people are born with golf talent, there are a lot more of them today than there were 50 years ago. What is knowable is that training and coaching is vastly improved. Hogan had to, in his words, "dig his swing out of the dirt" by hitting millions of golf balls. Today, they have radar and laser and the Minolta super duper high speed swing cam, and they know exactly how every little swing tweak affects their spin rate and launch angle and apex height -- stuff nobody had any clue about in Jack's day. So 50 years ago, if you had 100 guys born with golf talent take up golf, maybe 30 of them would find their optimal swing. Today, it's probably over 90. What is knowable is that the huge purses, and the fact that Tiger was the world's richest and most famous athlete, and not just the world #1 golfer, is making golf the first choice of more young athletes, rather than just the guys who couldn't make the "real" sports teams in school. So if you had 100 guys born with multi-sport talent 50 years ago, most of them played golf for fun, if at all. Today, a lot more of them concentrate on golf as their main sport. And what is knowable is that travel is much faster and cheaper now, so almost every world class player shows up for almost every major and WGC, and for many of the regular PGA events. 50 years ago, the second or third best player in, say, Australia, often didn't even play in the British Open, let alone a PGA event. So all the PGA events, and three of the four majors, had only a handful of international players, and the fourth major had only a handful of Americans. None of that is speculation. It is a verifiable fact that there are over twice as many people in the world today than there were 50 years ago. It's a verifiable fact that the purses today are hundreds of times as high as they were 50 years ago --- Tony Lema got about $4200 for winning the 1964 Open; today, it's about $3.5 million. It's a verifiable fact that virtually all the world top 100 play every major they are eligible for, instead of only a handful playing any events that require overseas travel. It's not knowable exactly how all of that combines, but a good indication is the number of entries in the US Open. To enter the US Open requires both top 1% talent for the game, and a serious commitment to it. There were about 2400 entrants per year 50 years ago. This century, it's consistently over 9000, well over three times as many. It's true that, mostly because of the time and expense, the number of duffers recreational players has declined, but they never had any influence on field strength, anyway. High school kids on the golf team still play all they want, for free. What do you have to counter that? Nothing but your belief that there were half a dozen golf phenoms all at the same time in the 60's, and none today, now that Tiger's past his prime. You're entitled to that opinion, but what facts do you have to back it up? Only the number of majors they won. But how many majors would Phil have won if the fields were like they were 50 years ago? Mickelson finished second in the US Open to Goosen in 2004, to Ogilvy in 2006, and to Rose last year. 50 years ago, odds are that none of those guys would have even tried to qualify for the US Open, since it required shutting down their schedule for a minimum of three weeks to travel to the US for sectional qualifying, with no guarantee that they would make it into the actual tournament. Michael Campbell, who beat Tiger with some amazing putting down the stretch in 2005, said that he would not have entered that year if the USGA hadn't established overseas qualifying sites, so he didn't have to travel to enter. How would Phil look next to Arnie with those three US Opens? Eight majors, and a career Grand Slam. And how would Tiger look if Michael Campbell, Trevor Immelman, Angel Cabrera, and YE Yang had stayed home, like most international players did in the Jack era? I'll make it even simpler for you, since you follow women's golf. How much better would the US women look today, if there were no Asians on tour? Or even just no Koreans? Well, it looks like you're going to crow about the lack of current talent every time a guy backs into a win for the foreseeable future, but come on. The Valero was a 40-point tournament, which makes it one of the weakest regular PGA events, barely above the John Deere Classic. And the tournament committee knows that most top players don't like to play right before a major, so they try to attract the few who do by making it as close to major conditions as possible, to help them fine tune their games. A weak field facing a tough setup is not a recipe for low scores, but you still insist on taking one bad week and comparing it to the majors of your hazy memory, even though you seem to have forgotten epic collapses by the likes of Arnie, who managed to lose a seven shot lead over the last 9 holes of the 1966 US Open. And who knows how often something like that happened in a low-rent event? I don't know if Tiger was more talented than Jack, or even Trevino. All I know is that there are many solid reasons to believe that in order to win a tournament, he had to beat around three times as many talented golfers, even in most of the regular tour events he's won, as Jack did in a major --- especially the Open, where Jack only had to beat as few as 8 other Americans, at a time when probably 60-70 of the world top 100 were Americans.  I don't say it's true by definition, as you claimed, but I say it's the way to bet, based on facts and logic."  
    • Shot 50/41 today. I didn't hit the ball particularly well but not as poorly as the score would indicate. I just happened to hit it in some really punishing places that wound up taking one or two strokes just to hit back into play. The undergrowth and the fescue are really growing in at the course. Lipped out and burned a few edges on putts, too. I always say when I miss putts by that small a margin that they're eventually going to drop as long as I don't deviate from the process and that's exactly what started happening on the back 9. I ended up making a couple of mid-length putts. Five over on the back included a triple bogey on 17.
    • Birdied the par 5 #14 at Quail Brook GC. Hit a high draw 3W just short of the green on my second shot, chipped just right of the back right flag to about 12' and made the putt. It's starting to look like I'm going to get at least 20 rounds at Quail Brook for it to qualify as my home course but I've been adding the birdies there to my away composite for so long that I don't feel like separating it all now. So the away composite will simply be an aggregate of all my birdie holes for the year.
×
×
  • Create New...

Important Information

Welcome to TST! Signing up is free, and you'll see fewer ads and can talk with fellow golf enthusiasts! By using TST, you agree to our Terms of Use, our Privacy Policy, and our Guidelines.

The popup will be closed in 10 seconds...