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Posted
In 2006 the Hawaii Supreme Court as well as the California Supreme Court in 2007 decided that golfers are not liable for errant shots.

Well, we all know what CA thinks of personal responsibility, don't we?!

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

Awards, Achievements, and Accolades

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Posted
Just to update you guys... the guy called and I told him I can't pay, so he said he's going to sue me. will i win or should i just pay the $160???
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

Posted
Just to update you guys... the guy called and I told him I can't pay, so he said he's going to sue me. will i win or should i just pay the $160???

Ouch. Has he ever heard of leniancy LOL. That makes me kinda scared cause then i think about what could've happened to me yesterday when i hit a townhouse

(i was having a VERY off day). Good luck

In My Hank Haney IJGA Bag
Driver: FT Tour 9.5 w/ Aldila Voodoo Stiff
3 Wood: i15 15.5 w/ avixcore red stiff
Hybrids: Rescue 09 19, 22 w/ fujikara fit on stiff
Irons: 4 & 5 MP-52, 6-PW MP-58 w/ KBS Tour Stiff Wedges: MP T-10 52*, 58* w/ KBS Tour StiifPutter: Fastback 1 34 inBall: : Pro...


Posted
If it was me, I'd pay the $160 and call it a day. It's not worth the stress.

Kevin

-------
In the Bag
Driver: G15 9.0*3 & 5 Wood: BurnerHybrid: Pro Gold 20*; 23*Irons: MP-58 (5-PW)Wedges: Vokey Spin Milled 52*8; 56*14Putter: Newport 2.0 33"Balls: NXT


Posted
If it was me, I'd pay the $160 and call it a day. It's not worth the stress.

not really stressed out about it and court would take up one day of my life. I offered to pay half but the guy just got upset that I offered that...

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

Posted
Just to update you guys... the guy called and I told him I can't pay, so he said he's going to sue me. will i win or should i just pay the $160???

Well, you said earlier that you accepted responsibility for your action. I guess it's time to find out if you really mean it or not.......

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

Awards, Achievements, and Accolades

Posted
not really stressed out about it and court would take up one day of my life. I offered to pay half but the guy just got upset that I offered that...

Guy's an ass. The fact that you even stopped to apologize and then offered half is admirable. I'm wondering if he's just trying to scare you into paying by threatening to sue or if he'll actually follow through with it.

Decided to look around a bit and found the following link. Thought you might enjoy reading it. http://library.findlaw.com/2000/Feb/1/126692.html Seems to me that the owner's probably full of it. I'd like to see the homeowners association agreement and/or anything else he signed to get the deed to his property. Could be interesting.

Posted
I can't wait to see how this one turns out, probably the most interesting thread I've read on here.

In my Titleist Premium Stand Bag

909D3 8.5 VS Proto 70 X
909 f2 13.5 V2 75 x
G10 15 Degree Grafalloy Red X MP-32 3-pw X100 Vokey Spin 52, 56 SS Newport 2 Pro V1


Posted
I can't wait to see how this one turns out, probably the most interesting thread I've read on here.

haha glad to hear that. What would be more interesting is if I hit a moving car or something. One of the courses I play at is parallel to a main busy street so if someone were to slice the ball just a little it could very well be in the street or through a car window. what happens then? It's 2008 I'd think it would be way more clear by now lol.

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

Posted
One of the courses I play at is parallel to a main busy street so if someone were to slice the ball just a little it could very well be in the street or through a car window. what happens then?

That's a great question. Who would be liable for that damage? the driver? the golfer? the road designer? the course? As far as your homeowner goes, I would say you went above and beyond. $160 sounds a little high to replace a pane of glass though, I would have him send you the estimate, and tell him you want to get one of your own. Personally, I think he's being a prick about the whole thing. He should at least be willing to pay half as a "stupid penalty" for buying that house. There are some courses where the home buyer had to be a total idiot for buying there. I laugh when I see the houses 120 yards out on the right side of a fairway. You're kidding me, right? And how about those houses with swingsets in the line of fire? If little Susie gets whacked with a Titleist because you put her sandbox in firing range, who's the jerk?

Posted
dont pay it. the guy is full of it and his homeowners will pay for it. it happens all the time. dont lose any sleep over this. sounds like a grumpy old man thats trying to scare you into paying for something you dont have to

Posted
If it was me that broke the window, I'd certainly go talk to the homeowner. Whether or not I volunteered to pay anything just sort of depends...

I've played some courses where one or two homes just happen to be near the course. If the home was on the complete opposite side of the road and just happened to be near the course, I'd probably feel that I should pay for the window.

But.. if it's one of those courses where the houses are built throughout the course as one of the features that make the homes attractive to buyers, I probably wouldn't feel like it was my right to pay. If the course & homes are built together as a golf community, they're simply going to get hit from time to time and the golfer shouldn't be punished for that.

Posted
just makes me glad I play in a neighborhood surrounded by $3 million dollar homes. all the people are loaded, so they don't mind paying for windows :)

I've never hit one, but I'd pay in full just because of my nagging conscience.
In The Bag

Titleist 905T 9.5°
Nike Sumo2 15°
Nike Sumo2 19°Nike Forged Irons - 3-PW Titleist Bob Vokey Spin Milled 56°10°Scotty Cameron Pro Platinum Newport 2

Posted
If you're not stressed about it, then don't pay the guy in full. Instead, give him at least $20 to show him that you are a man of your word and a man of integrity. Remind him you're a college kid who is strapped for cash, but also remind him that you are a rare individual who owned up to his actions by going back to the scene.

You have my respect though because you actually fessed up and talked to the guy. As far as I'm concerned you made up for your actions.
What's in R7 Bag:

R5 Dual 9.5 degree
3DX Pro 4-PW irons
3FT Hybrid 54 & 56 wedges*Gigagolf Trufeel putterMy blog:http://matt10-livethedream.blogspot.com/

Posted
........ the golfer shouldn't be punished for that.

Those white stakes....... Stroke and distance. What people seem to forget, is that the houses ARE NOT ON THE GOLF COURSE! The golfer hit a shot so bad that it left the boundry of the golf course and did damage to someone else's property.......and we want to blame the property owner for having the "bad judgement" to put his window in the way of our errant shot?! Lawyering aside........ I'm saddened by the lack of willingness to accept personal responsibility for one's actions these days. I would have thought that golfers, who take pride in the integrity of the game and the manner in which we hold ourselves accountable to the rules of the game, would be outraged at the thought of someone causing damage to another persons property and not taking whatever steps were necessary to correct that damage. Sigh.......

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

Awards, Achievements, and Accolades

Posted
I would have let him keep the golf ball, and nothing more. Perhaps a wave on the way past his house.

There's a reason the word "Fore!" exists in the first place. Or that golf driving ranges place huge protective nets on either side. Or that out of bounds is contemplated in the rules, and so common it's merely a one shot penalty.

This is hardly the equivalent of a touch football game in somebody's front yard and an errant toss or kick shatters a window. In that case you've created an unusual and unanticipated variable. It's not a football field.

Owning adjacent to a golf course is gambling, by any definition. Occasionally you are going to lose. Every time he brags about his back yard touching a golf course, it links to the risk of a shot like yours, well within normalcy.

The worst poker player in the world wouldn't pay for that window. Move on.

Posted
Those white stakes....... Stroke and distance.

Exactly. Penalty enough. Move on.

What people seem to forget, is that the houses ARE NOT ON THE GOLF COURSE!

However, a lot of the time they are coordinated with the course. It's a coordinated money-making venture.

The golfer hit a shot so bad that it left the

Yes. Did you read the link that I posted a few replies back? Most homeowners associations require the homeowner to sign a statement accepting liability for these things before obtaining the deed.

It's like bitching about the noise after buying a house near an existing airport or racetrack... Dumb.
Lawyering aside........ I'm saddened by the lack of willingness to accept personal responsibility for one's actions these days. I would have thought that golfers, who take pride in the integrity of the game and the manner in which we hold ourselves accountable to the rules of the game, would be outraged at the thought of someone causing damage to another persons property and

Stopping and saying, "I'm sorry" is more than enough. In fact, it's more than most would do. And offering half is way above and beyond as I doubt the golfer is liable for much of anything after all I've read off-forum.

The steps are in place. It's called homeowner's insurance. If someone living on a golf course is stupid enough to not cover themselves against the possibility of damage due to golf balls that's their own fault. They placed themselves at risk by buying property in range of a shot from in play. It's not dishonorable or shirking responsibility to not want to pay as long as you acknowledge you f'ed up. You're wrong. Stop bemoaning nothing.

Posted
to the OP... you did the right thing... if the owner understood that you were tight on cash he should have worked something out with you... but it seems he decided to take the jerk route... i would call up lawyers and possibly get a free consultation to see what your options are... i seriously wouldnt sweat it unless this guy is hellbent on being a jacka$$... imagine living next to a golf course... but hating golfers
RUSS's avg drive - 230yrds and climbing

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