Broken Window

[TourSpoon]

It doesn't matter to me what the par is on the course because the houses are never in play because they are not on the course. The decent thing to do is not to be a smart ass, but to resolve the situation that you created by hitting your ball off the course. Sure there is little recourse that a homeowner is going to have, but it is more like the jackass in the parking lot that dings your door and then walks away. I guess the bottom line is that not everyone has integrity and will handle the situation based on their own moral and ethical values.

[JTMalley]

I called up the PGA HQ to ask them what to do. One of the guys said it was a part of golf and told me the story of how he hit a shot and it had a crazy bounce off the cart path into the main road and hit a car. As far as the window, if the homeowner did not have insurance and the course did not have insurance then your SOL and should pay up. But all courses and all homes should have insurance for when things like that happen. As long as you didnt aim for the window your ok. He also said he knew I didnt aim for the window because any golfer will tell you it is next to impossable to hit anything you aim for in the golf course!!!


This week I will take a week off since I got Tiger Woods on the Wii and want to play that this weekend... but next week I got a tee time ready!!!

[TourSpoon]

  JTMalley said:

He also said he knew I didnt aim for the window because any golfer will tell you it is next to impossable to hit anything you aim for in the golf course!!!

That line alone was worth the phone call!

[SteelDriver]

If you live on a course like that your insurance premium is a little higher and they can compensate for that.

I'm glad it wasn't me hitting that ball. I have my signature on every one of my balls. its a good luck thing i do...i used to just dot them but i played my best round ever after goofing around and autographing one like a tour pro does =) its kinda hard signing a golf ball with a sharpy by the way.

[JTMalley]

Steel, That is a great idea... I am going to start to sign the balls Tiger Woods!!! That way people will not get mad when it goes thru the window. They will put it up on Ebay!!!

[SteelDriver]

  JTMalley said:

Steel, That is a great idea... I am going to start to sign the balls Tiger Woods!!! That way people will not get mad when it goes thru the window. They will put it up on Ebay!!!

Maybe one day i'll be good enough to see one of mine on ebay that someone has found!

....At this point its only being sold as a notorious ball that killed somebody standing down range waaaay off to the right.

[Rusty2228]

ORLANDO, Fla. (AP) — PGA tour golfer Tripp Isenhour is charged in Orlando with killing a protected migratory hawk with a golf shot.

It occurred in December when Isenhour was filming a video segment for the television show "Shoot Like A Pro."

Prosecutors say a red-shouldered hawk was making noise, forcing a video crew to film another take. The hawk moved closer, and the golfer hit several balls at it.

A witness says the bird fell to the ground, bleeding from both nostrils.

The 39-year-old golfer, whose real name is John Henry Isenhour III, is charged with cruelty to animals and killing a migratory bird.

Be careful what you do aim at! End of Jacked thread.

[Richie3Jack]

  TourSpoon said:

My question...Did you ask for the ball back?

Bigger question. Did you play the ball from where it lied? 3JACK

[Richie3Jack]

I forgot to answer the question. The homeowner and their insurance should pay for it unless the golf course owns the property on the land or has some type of deal where they state they'll pay for any damages due to errant golf shots.

Otherwise, the golf course didn't force the homeowners to buy a home there and it's perfectly reasonable to expect errant shots to hit the home if it's close to a golf hole. That being said, it never ceases to amaze how many people own a home on a course and can't believe that anybody would hit an errant shot that would hit their house. At one course I used to play at there was a house built about 30 yards away from a green on a par 4 that would require anything from a 3 wood to a 7 iron into the green (depending on what tees you were playing and the wind). It was always windy at this course and 80% of the time the wind blew from left to right in the direction of the house. Yet, the homeowner couldn't believe that anybody could hit their home unless they were doing it on purpose.





3JACK

[connor35]

I'm amazed at the lack of responsibility here.

If my house is near a road and someone loses control of his car and crashes into it, should I the homeowner pay for his damage because my house is near a road?

The golfer destroyed the home owner's personal property which was on his property. The law is quite clear. Opinions don't matter here, the law (which seems rational to me here) does.

There is a chance the golfer's home owner's insurance may pay for this. I've seen this, a friend's dad hit a ball onto a road and broke a motorist's headlight. My friend's dad's insurance paid for it.

[JTMalley]

"I'm amazed at the lack of responsibility here.

If my house is near a road and someone loses control of his car and crashes into it, should I the homeowner pay for his damage because my house is near a road?

The golfer destroyed the home owner's personal property which was on his property. The law is quite clear. Opinions don't matter here, the law (which seems rational to me here) does.

There is a chance the golfer's home owner's insurance may pay for this. I've seen this, a friend's dad hit a ball onto a road and broke a motorist's headlight. My friend's dad's insurance paid for it."

Offshot hits are a part of the game. We all do not shoot the same score as Tiger!!! People will hit the ball and 95% of the people will hit a bad shot. With your example of the car, chances are the car insurance will pay for a part of it but your home owners will pay for the rest.


The law is crazier then common sense... People brake into a house and slip and fall can still sue the homeowner.... They may not win, but they can still sue!!! People sue McDonalds for making coffee too hot... It sucks!!! As far as the law, I asked a Lawyer the answer and he said... Dont offer to pay. Let them try and recover payment from you.

[connor35]

  JTMalley said:

As far as the law, I asked a Lawyer the answer and he said... Dont offer to pay. Let them try and recover payment from you.

It seems you and/or your lawyer friends are a proponent of neither the law nor common sense, but rather a proponent of doing what benefits you.

If I damage someone's property, regardless of the probability of the accident, I would offer to pay.

[TourSpoon]

  connor35 said:

It seems you and/or your lawyer friends are a proponent of neither the law nor common sense, but rather a proponent of doing what benefits you.

You are the kind of guy that I would want in my foursome because you have integrity and you would do what is right.

With the response of the lawyer I would not want to be competing with him because he might believe that writing an incorrect score is OK, unless of course you get caught and they can prove it. Nice...

[connor35]

Thank you Spoon. The company of men like you is why I play golf.

The "let them try to recover from you" line made me think of scratching someone's car in a parking lot. Would this lawyer just drive off, not leaving a windshield note, and let the car's owner to try and recover the damages from him?" In addition to being plain wrong, I would actually think this could violate his Bar oath.

[JTMalley]

I did what was right and told the golf course... They said don't worry about it. After doing research I learned that morals and law are 2 different things... the law states that the home owner pays period... If he wants someone else to pay he can ask the course or the player... Most courses have insurance for that sort of situation since the design of the course close to houses can be an issue. Morals would say the player pays since he broke the window.... sometimes other factors come into play like having a house 10 feet from the edge of the fairway or having 2 large condo buildings on either side creating a crosswind....



Golf courses and homes have insurance for things like this in regards to property... The Course has insurance for injury..... Some people may not want to put claims through insurance but it is life....

I had a water heater explode... Did I seek money from the company who sold me the heater or the plumber who installed it or the company that made it.... no... I have insurance and they paid...


As for the lawyer in question, they work for the DA... they have good morals... they are just stating the law... if someone wanted to claim payment from you they could take you to small claims court or even big boy court... Jury rules in the home owners favor and case law gets changed and the books change... as it is now, Golfers are off the hook UNLESS THEY DO IT ON PURPOSE!!!!

[TourSpoon]

Most golfing communities address golfers' liability with a clause similar to the above, "All owners, by acceptance and delivery of a deed to a Lot, assume all risks associated with errant golf balls, and all Owners agree not to make any claim or institute any action against the Community Developer, the Club, the golf course designer, the builder or any other party other than the golfer who caused the property damage or personal injury, arising or resulting from any errant balls or golf clubs. In other words, the golfer is responsible for damage but collecting, especially for minor damage, may be an impractical task for the homeowner.

http://library.findlaw.com/2000/Feb/1/126692.html

This is an opinion from a Florida attorney and as you can see minor damage is usually handled by the homeowner, even though the golfer is responsible, because collecting may be an impractical or impossible task without someone admitting to the act or having any witnesses. This is very similar to the view that is addressed on the Allstate site.

That being said, I would offer to pay the deductible if I damaged someone's property, but that is the kind of person that I am. It would and should never get to small claims court.

I still think you handled your situation properly because you contacted the golf course and inquired about local policy.

[ganjagolfer]

  NM Golf said:

I actually know the answer to this one, its the golfer who is liable for any and all damage he causes during a round. I know this from working at a golf course. Yes, the home was built on a golf course that doesn't mean they are taking on the expectation that someone will smash their window with a ball anymore than someone whose car gets hit should expect that to happen because they drove by a golf course.

normally it would be the golfer who is responsible but since it was a gust of wind that altered the trajectory of the golf shot, redirecting it towards the window, its "an act of god"

[azgreg]

The law is not the same in all states. In Phoenix, Az the law is on the side of the golfer, however if I broke some glass (hasn't happened yet) I would take care of it.