broke a window!!

[JonnyGolf]

Don't give in to the "your responsibility" crowd. You were playing golf on a golf course. You weren't hitting PWs down your street. The shot you made wasn't irresponsible or intentionally dangerous. It was a mistake that was absolutely foreseeable when the golf course was designed and the homes were built.

You should not be held accountable for poor design.

[zeg]

Why isn't anyone up in arms that the homeowner didn't take the "personal responsibility" to install a shatter-resistant window pane that can withstand the foreseeable event of a golf ball striking his golf course-facing window? That's just as good a question from the facts we've been given...

[Surefire]

This thread reminds me why I hate compensation and blame culture.

When I was a kid I had loads of fun doing things that were probably dangerous. I climbed trees etc... If I fell out, my parents didn't sue the park, or school, or man who planted the tree, it was just an accident and we got on.

These days its always about finding someone to blame. It benefits no one except the legal teams making money off it.
Businesses have to take extra precautions which cost money and these costs get passed on to the consumer.

I can half see the point of people saying the house was in that location, so its the homeowners fault. However the guy didn't build his house on the guys backswing or anything, it was already there.
The golfer should take the responsibility to avoid hitting the house. I'm sure he didn't try to hit the house on purpose, but he still failed in his responsibility not to hit it. So he should accept his actions.

Although I must say the guy whose house it is could be a little nicer about things.

[David in FL]

Unfortunately, following the rest of the thread you'll see that the OP has gone away from taking responsibility, told the homeowner he won't pay, and is trying to find free legal support. Alas, the shirking of individual responsibility which is all to common on today's day and age.

Please note, to those that have been sending me death threats vis-a-vis my stance on personal responsibility....... .......this wasn't my post! even though I agree with it!

[Spackler-esque]

To the OP:

Assuming full payment... How was the transaction going to go down? Was the man demanding money up-front? Or, was he going to have you talk to the contractor, sign for the work, and then either settle the bill on-sight or be sent it?

Assuming partial payment... Same as above. Money up-front or after you got a chance to see the actual bill of sale?

It seems to me that the later way is the correct way to handle it in either case. It's transparent. It guarantees you are paying for the service described.

To the "Personal Responsibility" Crowd (who has given no real advice on how to go about dealing with this situation other than, "pay the man, it's on you," which is no help at all right now):

I have yet to hear an argument against seeing all the necessary documents in order to protect yourself against a homeowner who, for all we know, just wants to take your money while having his insurance fix the window. Given the man's reaction we know he's an ass who's unwilling to negotiate or compromise at all. Why assume he's going to be honest?

[Mr3Putt]

To the OP:

You have crystallized my thoughts. The homeowner sounds like an idiot. Something tells me he'll fight tooth and nail to have the kid hand him cash directly.

[HytrewQasdfg]

Case in point.

I see you conviently left out the other two quotes, and only quoted the insurance company represenative (who gave the standard insurance industry answer: it's somebody elses responsibility to pay for it.) The point of posting all three quotes was to show that there is no set-in-stone correct answer on this one.

My guess is it comes down to who was there first, the golf course or the house. If the course was built AFTER the house, then I think the golfer is on the hook (and so is the course if they didn't take reasonable measures to ensure the house wouldn't be pelted by balls, like planting trees and putting up netting.) If the house was built AFTER the course (or at the same time, which is what I see alot in my area with combo golf/housing developments) then I think the homeowner is assuming the risk by building their house there. Building a house next to a cours usually INCREASES its value. It isn't fair to allow the homeowner to enjoy the increased value of building a home on a golf course, but say he shouldn't have to also deal the the normal problems of building a house on a golf course (such as errant golf balls hitting their house.)

[David in FL]

To the "Personal Responsibility" Crowd (who has given no real advice on how to go about dealing with this situation other than, "pay the man, it's on you," which is no help at all right now):

Why would I argue against being prudent in how/how much you pay the man? That's just smart. First, homeowners insurance won't likely be an option. $160 won't exceed the homeowners deductable.....typically a minimum of $500.....and often more. He'll pay out of pocket. I'd give him my contact info and ask him to get it done, then send me the bill, which I would pay. If the damage was severe enough that we were talking big bucks, I'd ask him to get 3 quotes to ensure that the cost of the repair was appropriate. $160 strikes me as in the right ballpark though, so I'd just take his receipt and pay it. FWIW......I'm genuinely surprised that the homeowner is insisting that the OP pay. I would have given him his ball back and told him to spend the $160 on lessons.

[jermzkill]

He said it cost $75 for the window guy to come out there and $90 for the window replacement and instillation. No other updates so far, just waiting. I'm probably moving to DC soon so I'll be MIA lol, but of course if I'm sued I'd have to come back.

[Spackler-esque]

He said it cost $75 for the window guy to come out there and $90 for the window replacement and instillation. No other updates so far, just waiting. I'm probably moving to DC soon so I'll be MIA lol, but of course if I'm sued I'd have to come back.

Glad to get another update. To be honest, I'm surprised that labor isn't more. I guess he still isn't going with shatter-proof windows if the pane's only $90, huh?

Why would I argue against being prudent in how/how much you pay the man? That's just smart.

Glad we can agree on this. It's what I've been saying.

Giving that advice early on would've been helpful and made a lot of the argument that's gone on moot, IMO. You and others have done nothing but jump on the OP without giving advice about how to proceed while protecting himself.

First, homeowners insurance won't likely be an option. $160 won't exceed the homeowners deductable.....typically a minimum of $500.....and often more. He'll pay out of pocket. I'd give him my contact info and ask him to get it done, then send me the bill, which I would pay. If the damage was severe enough that we were talking big bucks, I'd ask him to get 3 quotes to ensure that the cost of the repair was appropriate. $160 strikes me as in the right ballpark though, so I'd just take his receipt and pay it.

This is useful, like I stated above. It's not just saying "if it's not over $XXX the insurance won't cover it. Man up and pay." Thank you.

FWIW......I'm genuinely surprised that the homeowner is insisting that the OP pay. I would have given him his ball back and told him to spend the $160 on lessons.

Agreed. That's primarily been my stance. I guess we'll see how it all plays out in the end.

[Drew]

If it was the removable pane... the one that slides... perhaps you could take it to the glass shop yourself... I bet that would save a ton... I have done it before...

Drew

[flopdarock]

wow... death threats... really? what are you... the forums octo mom? hahaha...



twas a joke btw... pls dont send me death threats

[VeritasGT]

He said it cost $75 for the window guy to come out there and $90 for the window replacement and instillation. No other updates so far, just waiting. I'm probably moving to DC soon so I'll be MIA lol, but of course if I'm sued I'd have to come back.

Pay the damn money. If you have money to golf, you can buy the mans window.

[JonnyGolf]

Why isn't anyone up in arms that the homeowner didn't take the "personal responsibility" to install a shatter-resistant window pane that can withstand the foreseeable event of a golf ball striking his golf course-facing window? That's just as good a question from the facts we've been given...

Agreed! we had a basement that was on the same level as our pool. they all had plexiglass windows by the time my brother and I were 18. We replaced them as our water polo ball broke them.

[JonnyGolf]

This thread reminds me why I hate compensation and blame culture.

This is assuming striking a small ball with a long stick is predictable. It's not for me, and I'm way better than most golfers.

[Surefire]

This is assuming striking a small ball with a long stick is predictable. It's not for me, and I'm way better than most golfers.

Not really.

If it was 100% predictable you wouldn't have to worry about this kind of thing. It is assuming that the person hitting the small ball with a long stick knows it is unpredictable, and by choosing to do it accepts any outcome that happens through doing it.

[Surefire]

Agreed! we had a basement that was on the same level as our pool. they all had plexiglass windows by the time my brother and I were 18. We replaced them as our water polo ball broke them.

This doesn't really apply to the situation.

In this case you owned the pool, the house, the ball and were the party that caused the damage with the ball. For the situation to be the same a 3rd party would have had to build the pool near your house, and another 3rd party would have to come along and play water polo in the pool and break your window.

[goblue107501]

Agreed! we had a basement that was on the same level as our pool. they all had plexiglass windows by the time my brother and I were 18. We replaced them as our water polo ball broke them.

This doesn't really apply to the situation.

I think what Jonnygolf means is that as his home windows got broken they took proper steps to avoid them breaking in the future and had them replaced them with plexiglass. This homeowner is just replacing glass with glass, and sure enough it will happen again.

I have been out of this whole discussion because I don't know much about the subject and I really don't know what I would do in this situation. I can say this, I asked around and found out a friend of a friend lives in a golf community (one where the houses are built right on top of the course). This guy lives about 220 from the tee and is probably only 20 yards from the edge of the fairway. He gets hit with balls all the time. Any damage is covered by the homeowners association. Part of the HOA dues is insurance or a fund set aside to cover damages by golfers. Whatever the case, if someone breaks a window of his house, no one has to pay. He said he has never had any broken windows because shatter proof were installed when the house was built.