Personal Liability Insurance

[Big Don]

Do any of you guys bother with Personal Liability Insurance cover to protect against litigation if you cause injury or property damage?

Have you heard of individuals being sued in the event of a ball going accidentally astray?

[iacas]

Do any of you guys bother with Personal Liability Insurance cover to protect against litigation if you cause injury or property damage?

Courts have ruled in favor of golfers in that they're not liable for balls hit astray (unless, I suppose they're aiming directly at someone or a window or whatever OR they're hitting balls on a driving range, because a driver on the road doesn't "assume the risk" of being hit).

So I don't quite know what you're really asking...

[lamebums]

Do any of you guys bother with Personal Liability Insurance cover to protect against litigation if you cause injury or property damage?

No, although my father is paranoid about getting sued. I say that people are playing at their own risk, and so is anyone who buys a piece of property near a golf course. Errant balls are a part of life, and so is getting hit with a golf ball, if you're unlucky enough.

[Big Don]

Courts have ruled in favor of golfers in that they're not liable for balls hit astray (unless, I suppose they're aiming directly at someone or a window or whatever OR they're hitting balls on a driving range, because a driver on the road doesn't "assume the risk" of being hit).

In the UK there have been a number of recent cases where courts have ruled in favour of injured parties who have been struck by golf balls. Before these cases, golfers always relied on the basic understanding that prosecution was impossible as golfers assumed the risk of being struck when they stepped on to the golf course. As a result insurance companies are offerring policies to cover for injury or damage to property and to cover court\legal expenses.

I was really trying to find out if things were going the same way in the states.

[You're Away]

I was really trying to find out if things were going the same way in the states.

Not yet, but our lawyers learn quickly and I'm sure they'll follow the UK's lead. I've played a few courses that have signs posted that you are responsible for damage your ball causes to homes on the course, but I'm not sure how that would hold up. They claim your personal homeowners insurance would cover you if you damage someones home. I've never heard of someone paying though as most assume that if you buy a home on a course you do so understanding that golfers have little control over their ball.

Chris

[dayll]

Courts have ruled in favor of golfers in that they're not liable for balls hit astray (unless, I suppose they're aiming directly at someone or a window or whatever OR they're hitting balls on a driving range, because a driver on the road doesn't "assume the risk" of being hit).

Last year I yanked a par 3 shot OB and the ball hit a parked mini-van breaking a rear side window. I left my number on the windshield and later paid to have the window replaced. ($160) While I realize what I did was the correct thing to do do you think that had it gone to small claims I could have saved myself that $160. dayll

[iacas]

In the UK there have been a number of recent cases where courts have ruled in favour of injured parties who have been struck by golf balls. Before these cases, golfers always relied on the basic understanding that prosecution was impossible as golfers assumed the risk of being struck when they stepped on to the golf course. As a result insurance companies are offerring policies to cover for injury or damage to property and to cover court\legal expenses.

We've done several stories in our podcasts about people being hit by golf balls, or people buying homes on golf courses. Frankly it's late and I'm a tad too lazy to find them right now, but search through our podcast archives and you'll find at least a few of those stories linked to.

[BigAl5150]

Do any of you guys bother with Personal Liability Insurance cover to protect against litigation if you cause injury or property damage?

Typically, your homeowners insurance covers you for personal liability with some exclusions. In addition, you can get a liability umbrella policy to cover above and beyond your homeowners insurance as well.

[Guest]

Interesting topic, as it turns out I was on the wrong end of an errant golf ball last weekend. Walking up to my 3rd shot on a par 5 (first hole of the day!) a golfer slices one on #2 which finds my left index finger on the fly, I was holding a cup of water at the time. I went down like I had been shot. Hurt like hell. When the guy came over he was surprised to see us there (not easy to see from #2 tee box) and was very apologetic. To make a long story short, my finger is broken, "chipped" actually. It totally sucks, no golf for me for at least a few weeks.

I went around and around what to do, I know the guy who hit me is liable, but I'm not really that type of person. I've got medical insurance and feel more comfortable just chalking it up to dumb luck. Hopefully if I'm at the other end this situation the hit-ee will feel the same.

Typing w/ 9 fingers sucks too.

[colhun]

It's becoming a more common occurance here in scotland. I've just been asked my opinion by legal councel on a case, as it occurred on the course i am a member of, where someone is suing another golfer for over £10k for being hit in face by stray shot.

As for my opinion..... you play the game, you know the risks. I really dislike this litigous state we find ourselves in these days. I have applied for golf insurance, not only to cover such instances but mainly for loss of equip' if stolen for car etc.

I've been told by solicitor golfers are often covered by their club membership for legal cases such as stray shots. Can't say i've heard of this myself. Anyone else know if this is the case (in scotland).

[dayll]

I have been hit three times, twice serious enough to injure me, and it never occurred to me to sue the persons who hit the balls. Myself, I deplore the litigiousness of our society and its greedy marrow-sucking lawyers.
Also, kinda related - I never understood those people that live on a golf course and then put loud and vicious dogs in their yard. It's a golf course! balls will be as common in your yard as birds! I was playing Mission Lakes one blazing afternoon and hooked a drive into a backyard. When I went over to see if my ball was retrievable a guy came out from his patio holding my ball and a cold beer! Sorry - kinda hijacked the thread a little -dayll

[erniebanks]

My legal knowledge is limited to "Business law 101". (1973) Therefore not reliable
I think I remember "coming to the nuisance" as an acceptance of all risks involved. It is assumed that if a person puts himself at risk knowing the hazards exist, then he has no recourse.
There is a question of a reasonable man knowing of the risks.
I will bet no legal minds on this forum will stick his/her neck out and speculate on any of this.
If you have a real problem with any of this, I would suggest you seek legal counsel in the state involved, as laws vary greatly.
Good luck............FORE!!!!!

[Everardo]

From my understanding, it can also vary from state to state and neighborhood. I have many friends from California that state the golfer is responsible for damage. However in Arizona it is the homeowners risk for purchasing a home on a golf course (Nor is the golf course itself responsible)

[David Hillman]

Also, kinda related - I never understood those people that live on a golf course and then put loud and vicious dogs in their yard. It's a golf course! balls will be as common in your yard as birds!

Maybe they like to golf, but don't want people in their yard? There's a house on a course

near me with a great sign on their fence... a silhouette of a doberman and this quote, "I can make it to the fence in 2.3 seconds, can you?" I played a course last night with my brother and father-in-laws that winds through an entire neighborhood. They hit several balls that had us wincing and listening for breaking glass. Obviously, the subject came up, and my father-in-law apparently did break a window in Arizona a few years ago. His homeowner's insurance paid the claim. I'm surprised to hear so many people on this list say they expect not to have to pay for damages they cause. Every course around here has signs to that effect, and I have always understood it to be something usually covered by a golfer's own homeowner's policy. I can totally understand golf course residents wanting to keep golfers out of their yard, I'd be the same way if my house wasn't 150 yds from the course, and pretty safe. I saw another example last night of what I can't understand... a backyard hammock in a prime target area. How could you actually relax knowing you were under fire? We all agreed we'd wear a helmet if that were our house.

[Big Don]

Maybe they like to golf, but don't want people in their yard? There's a house on a course

I don't think its unreasonable for individuals living next to golf courses to get upset when golfers enter their garden (yard to Americans). There is simply no justification to climb over somebody's fence to hunt for a lost ball.

However, I have heard numerous reports of home owners getting upset when golf balls end up landing in their gardens. As far as I'm concerned they shouldn't have bought a house on a golf course if they didn't expect a few misshit balls ending up in their garden.

[dayll]

If someone has a fence in their yard then of course by all means stay out but a gate and a sign saying "Your welcome to retrieve you ball but please be respectful of my property" would suffice keep 99% of us just that - respectful. Probably I'm giving golfers too much credit regarding behavior. Also, it no doubt has a lot to do with where a golf course is located too. dayll

[follyforhire]

I know the guy who hit me is liable

Is that true? Even if you are on the golf course and playing golf?

Sucks about the finger. I hope it has healed nicely.

[Big Don]

Is that true? Even if you are on the golf course and playing golf?

Under English law, the law on which US law is based, to prove liability it is necessary to establish the following three things:

1. The person who is being sued had a duty of care towards the injured party, i.e. he or she was responsible for taking all reasonable steps to prevent injury to the injured party. In golfing terms every golfer has a duty of care to others using the golf course. 2. The person being sued breached that duty of care, i.e. they behaved in a reckless and negligent manner without care for the safety of others. For this to be proved it would be necessary to establish that the golfer didn't take reasonable care when making his shot, e.g. he may have hit a ball when the group in front we're still in range; in this circumstance injury was foreseeable and therefore the golfer would likely to be deemed to have breached his duty of care. 3. An injury or loss was suffered due to the breach in the duty of care. The fact that somebody was injured is not by itself necessarily grounds for compensation. Additionally the law does not require individuals to be infallible. A miss-hit shot is not an act of negligence; it was accidental and any injuries resulting were not foreseeable. Everybody stepping on to a golf course assumes the risk that they may be hit by a ball that is miss-hit; that's just golf and nobody should expect to compensated in such circumstances. If on the other hand somebody recklessly hits a ball without regard to other golfers on the course and somebody gets struck and injured, then I believe there are reasonable grounds to pursue a claim for compensation.