Negligence if your ball hits someone off the course?

[jetsknicks1]

Originally Posted by AzGolfGeek

This thread is typical to everyday life as we know it today. No one wants to take responsibility for their actions. If the golfer denies hitting the ball, then its more a moral issue.  I can see that this is not a popular stance reading all the comments above this, but in today's society, people are only thinking about themselves and could care less about anyone or anything else.

I don't think that's it at all. If a homeowner wants the prestige, benefits, view of living on a golf course, doesn't that homeowner accept the responsibility to repair any damage that may come from an errent shot?

You mention people only thinking of themselves but that's the exactly what the homeowner is doing. He/she wants to live on the course but doesn't want their house to be hit. They want to live there but want somebody else to pay for any damages that may occur because of where they built.

[AzGolfGeek]

Originally Posted by jetsknicks1

I don't think that's it at all. If a homeowner wants the prestige, benefits, view of living on a golf course, doesn't that homeowner accept the responsibility to repair any damage that may come from an errent shot?

You mention people only thinking of themselves but that's the exactly what the homeowner is doing. He/she wants to live on the course but doesn't want their house to be hit. They want to live there but want somebody else to pay for any damages that may occur because of where they built.

No, I do not think the homeowner should have to accept the responsibility for someone elses mis-guided golf ball, accident or not. This thread started and outlined one court case, but there are many other court cases where the golfer has lost. I have never seen a house built that is right on a fairway, or even within 20 yards of the rough, if a golf ball goes outside of that, the golfer should be held responsible.....

[newtogolf]

Originally Posted by AzGolfGeek

No, I do not think the homeowner should have to accept the responsibility for someone elses mis-guided golf ball, accident or not. This thread started and outlined one court case, but there are many other court cases where the golfer has lost. I have never seen a house built that is right on a fairway, or even within 20 yards of the rough, if a golf ball goes outside of that, the golfer should be held responsible.....

I understand that you believe that the golfer should be held responsible, but the reality is as an owner of a home on a golf course you are required to sign a waiver that holds the course and members harmless in the case of accidental damage.  I signed numerous waivers before the closing on my house, as did everyone else who bought a house that was in proximity to the golf course within the development.  As someone stated previously, our homeowners insurance was also higher given the waivers we had to sign and additonal risk of living on the course

This doesn't mean a golfer can tee up on the fairway and intentionally drill a ball at a house, but if during the normal course of play a house is damaged the owner waives his rights to pursue the golfer or course owners.

Think about it from a logical standpoint, why would anyone opt to play on a course where there's the potential you could damage private property unintentionally and be held responsible for the damage.

[ghalfaire]

I live on a golf course and because I play golf was pretty selective on the lot selection so have never had a problem.  But in general you assume a lot of liability for yourself and property by purchasing a  house on a golf course.  But this doesn't relieve the golfer of his own behavior and he/she must behave in a manner that doesn't unduly endanger anyone or their property.  Not here but at another course a buddy of mine lives on has a summer time night tournament with "glow" golf ball but there are no lights on the course.  One fellow put one of these glow balls through my buddy's window and was held liable for the window because the judge ruled that playing golf at night is inherently dangerous and therefore the sponsor of the event, the course and the golfer were liable for damages.  So it isn't a one way liability on the home owner, the golfer really is responsible for their actions also.

[AzGolfGeek]

Originally Posted by newtogolf

I understand that you believe that the golfer should be held responsible, but the reality is as an owner of a home on a golf course you are required to sign a waiver that holds the course and members harmless in the case of accidental damage.  I signed numerous waivers before the closing on my house, as did everyone else who bought a house that was in proximity to the golf course within the development.  As someone stated previously, our homeowners insurance was also higher given the waivers we had to sign and additional risk of living on the course

This doesn't mean a golfer can tee up on the fairway and intentionally drill a ball at a house, but if during the normal course of play a house is damaged the owner waives his rights to pursue the golfer or course owners.

Think about it from a logical standpoint, why would anyone opt to play on a course where there's the potential you could damage private property unintentionally and be held responsible for the damage.

Yes, in the past there were a lot a disclaimers that homeowners would have to sign for to assume the responsibility of where their house is. Mainly those are for guarding against insurance companies having to pay out in some cases. I've seen more court cases where the golfer looses the battle than wins because now its the insurance company going after the golfer and not the individual. The insurance company pays the damage claim, then sues either the golf course or the person who hit the ball. Courses are having to produce the names of the people in the groups that would have been in that area at that time. Depending on the claim, some insurance companies are getting more and more aggressive in this.