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broke a window!!

jermzkill

By jermzkill
in Golf Talk

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Note: This thread is 6332 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!

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ryohazuki222 Dedicated Member

ryohazuki222

Posted
Posted
Not sure where you go to school, but at UT Austin there is a free legal service for students regarding the more simple matters (no felonies or crap like that). So maybe you CAN get some free legal advice as a student perk.

Driver: Tour Burner 9.5° Stock Stiff
Wood: Tour Burner TS 13° Stock Stiff
Hybrid: Tour Burner T2 18° Stock Stiff
Irons: Tour Preferred 3-PW Rifle Project X 6.0
Wedges: 54.10|58.08 Z TP Rifle Spinner 5.5 Putter: VP Mills VP2 Ball: TP/Red.LDP Bag: Warbird Hot Stand Bag 2.0Started playing...


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cigarnut81 Well Established Member

cigarnut81

Posted
Posted
By alot of you guys reasonings if you were at a little league game and a baseball went through your windshield then the little kid owes you a windshield? Think about this! These are the things that insurance is for.

Whats in the bag?
Driver = Wishon Golf 949mc 9.75*/.5* Closed Face Angle
Fairway Wood = Wishon Golf 915 F/H 16* Square Face Angle
Wood Shafts = Wishon Golf Pro Flight EXP 85g Stiff Flex
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M2daRizzle Well Established Member

M2daRizzle

Posted
Posted
I know a lot of homeowners are required to have insurance of this kind to live on a golf course. But that can be different from place to place. I would ask him to check his insurance, but if hes not covered offer half. If he is adament about you paying all unfortunately I think you will have to bite the bullit and pay. If you do try to work out a payment plan like was suggested in an earlier post.

In my freestyle:
Driver: 10.5* G5 with UST V2
F.W. wood: 16* retro raylor with Aldila HM-40 Tour Gold
Irons: i5 3-pw. Stiff cs lite shafts
Wedges: 8620 51*, 56*, and 60* Putter: classics 1 34""Life is tough. It's tougher if you're stupid." -John Wayne


HytrewQasdfg Dedicated Member

HytrewQasdfg

Posted
Posted
Don't pay it. Let him take you to court if he insists. I'm sorry for the homeowner, but he can't argue he didn't expect his house to be hit by golf balls when he built it next to a golf course.

If you build a house in a flood plain, don't complain when it gets flooded.
If you build a house next to a pig farm, don't complain about the stink.
If you park your car next to a little league field, don't complain when a foul ball breaks your winshield.
If you lay down in the middle of the road, don't complain when someone runs over you.

You can argue you are responsible for your actions, but he is also responsible for his negligence. IMHO, it is negligent to build a home next to a golf course and not take precautions to prevent it from being hit by stray golf balls.

Instight XTD A30S Driver 10.5° ($69 new ebay)
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53° & 58° 8620 DD wedges ($75 each new PGA Superstore) C2-DF ($35 new Rock Bottom Golf) Riley TT stand bag ($7 n...


jermzkill Well Established Member

jermzkill

Posted
  • Author
Posted
Thanks, for all your replies. I'll let you know how this plays out.
Driver: 3dx driver 10.5*
Irons: 3dx hybrid irons 5-P
Iron: X-14 3 iron
Wood: MT 4wood 16.5*
Wedge: Lob 60*Putter: White Hot 2-ballBag: Xtreme Sport Stand Bag

ugottabjoshinme Established Member

ugottabjoshinme

Posted
Posted
Thanks, for all your replies. I'll let you know how this plays out.

I was told that it depends on when the house was built. If the house was there, and a new course was built around it, then the home owner is not liable for damage. If the course was there and he built his house on it, then he is liable for the damage. Seems to make sense to me but who knows...


colin007 Incredible Member

colin007

Posted
Posted
the course i play at most frequently was built in the 60s and is surrounded by houses built in the 40s. it was built by the town and a lot of the property was acquired thru eminent domain. i fail to see how a homeowner whose house predates the course by 20 years is responsible in my area.

Colin P.

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Petden Well Established Member

Petden

Posted
Posted
Think about this. You are playing football, and you make a great tackle, perfect form and it is a legal hit, no question about that, but the guy you hit dies. Should you be charged with first degree murder? (you intended to hit him as hard as you did, but the death was a result of the game).

If you answer yes to the above then you say the OP is responsible for the damage. If you answer no then you say that the homeowner is responsible.

flopdarock Great Member

flopdarock

Posted
Posted
ive lived around golf courses all my life... my parents houses were never in danger of being hit due to the location... but my buddy a few doors down... his parents house was like danger city... they pretty much prepared for the worst and had shatterproof glass and other preventative measures installed... but ummm its pretty much common sense that if you live on/near a course there is a possibility that something is gonna happen...

i think its good you fessed up and took responsibility... but this guy not having insurance... or not wanting his premium to go up... is jobbing you...
i'd tell him your situation... no job/college/tough spot... if he hooks you up... hook him up... if he's an ass... id let him take you to small claims court where the judge is probably a golfer...

ps... and besides on campus free legal... quite a few attorneys have free initial consultations... id call around... most likely you'd get a paralegal on the phone that might offer you some decent advice
RUSS's avg drive - 230yrds and climbing

mbowker64 Member

mbowker64

Posted
Posted
It's already been determined by the courts that the person who hit the shot is not liable for any damages or injury(unless, of course, it was intentional). There are inherent risks to playing golf and living on the course. The course is wrong for posting that you are responsible and you should not pay anything unless your conscience requires it. If they push it, tell them to sue you.

David in FL Incredible Member

David in FL

Posted
Posted
It's already been determined by the courts that the person who hit the shot is not liable for any damages or injury(unless, of course, it was intentional). There are inherent risks to playing golf and living on the course. The course is wrong for posting that you are responsible and you should not pay anything unless your conscience requires it. If they push it, tell them to sue you.

Interesting. Please cite the specific case law to which you refer. Michigan? If so, please provide the reference that shows us the applicability in VA, where the OP is from..... Thank you.

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

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booman32 Member

booman32

Posted
Posted
Unless you had a drink, or were doing it intentionally, you don't have to pay anything.

If winning isn't everything why do they keep score?
- Vince Lombardi

In my Ping Hoofer 08 camo bag :
Cobra 454 Comp 10.5* UST ProForce V2 stiffTaylormade R7 TP 15* UST ProForce V2 stiffTaylormade R7 TP 17.5* UST ProForce V2 stiffAdams A1 Pro Idea 4-PWTitleist Oil Can 52*Titleist Oil Can Spin...


JCDot33 Well Established Member

JCDot33

Posted
Posted
Interesting. Please cite the specific case law to which you refer.

Have to agree with Dave on this one, this isn't something that can be Federally mandated ... it's going to be determined on a state by state basis ...

In my Bag:

Driver: Burner 10.5* Stiff shaft
3 WoodBurner 15* stiff shaft
5 WoodBurner 18* stiff ShaftHybrid3DX (18.5*)Irons: (4-LW):Putter: Rossa Indy SportBalls: Reds

RocketSauce Great Member

RocketSauce

Posted
Posted
It's already been determined by the courts that the person who hit the shot is not liable for any damages or injury(unless, of course, it was intentional). There are inherent risks to playing golf and living on the course. The course is wrong for posting that you are responsible and you should not pay anything unless your conscience requires it. If they push it, tell them to sue you.

i read this same thing in either Golf Magazine or Golf Digest a few months ago (cant remember which mag is was). it simply stated that no matter what your course tells you, you are not responsible for any damage like this. it was in one of those 2 magazine during the 08 year....


jb1982 Well Established Member

jb1982

Posted
Posted
I know in Montana, the homeowner is liable. But when I played in Nevada, every course had signs stating that "you are responsilbe for your golf ball, and any damage it causes." I'd be interested to know what the real laws are on this.

In The Bag

Driver R7 SuperQuad 8.5 Xstiff
5 Wd SQ X stiff steel
3-PW RAC LT X stiff 52 dg RAC TP Satin56 dg RAC TP Satin60 dg Vokey Oil CanPutter Cameron Studio Newport


atrapasuenos Dedicated Member

atrapasuenos

Posted
Posted
How does this finished? Around here if you break a window the houses have an insurance and you don't have to pay for anything. But it's different in every place. But I think is remarkable that you went to talk to the owners.

Greetings!

Driver: 905R 9.5° (UST Proforce V2 Stiff) | Fairway: 906F2 15° (UST Proforce V2 Stiff) | Hybrid: 585.H 21° (S300) | Irons: AP2 4-PW (Project X 6.0) | Wedges: Vokey Design 52.08, 56.11 & 60.11  | Putter: Studio Select Newport 2 

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mbowker64 Member

mbowker64

Posted
Posted
Interesting. Please cite the specific case law to which you refer.

VA uses the same standard. It's called "The assumption of risk doctrine." Granted there will be no federal court rulings on this unless someone were to try and claim that it some how violated their civil rights.

Anyway, the only case I could find in VA was an instance where the golfer was not held liable, but the course itself settled out of court. Not because the golfer hit an errant shot, but because the course was poorly setup and it was deemed a design defect which left the course liable. In 2006 the Hawaii Supreme Court as well as the California Supreme Court in 2007 decided that golfers are not liable for errant shots. Here is a link to the tidbit in Golf Digest as well. http://www.golfdigest.com/magazine/2008/06/golfguru

flopdarock Great Member

flopdarock

Posted
Posted
with all the weekend duffers playing houselined courses on a daily basis... its a miracle if that was a rare occasion...
i mean come on... if ppl live on or near a golf course... ignorance isnt an excuse...
the realtor that sold the house had to clue the buyer in that ppl actually hit hard little dimpled balls with sticks in a park very very close to the house
RUSS's avg drive - 230yrds and climbing

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