Driving down a public road that intersects a golf course, ball hit top of car and left ding. Filed a complaint with the golf course but they were unable to find golfer. Course not liable?

Golfer wouldn't have been liable even if you found him. It's not negligence to hit a bad golf shot, so your only case is if there was evidence he'd intentionally hit it to the road or lined up his shot so unreasonably that he wasn't exercising due care to attempt to avoid the road. He owes due care under the circumstance, which he can do and still accidentally have a ball on the road. That said, he might have been a good, upstanding guy that offered to pay for it anyway.

Golf course likely isn't either, although there may be more wiggle room here with the right judge. If you could prove the course was set up in a way that the road was consistently pelted with golf balls, then the course could potentially be found liable for not exercising due care. If you raise enough of a stink and threaten (or file) small claims, maybe they'd pay to avoid the trouble. But I wouldn't hold my breath.

Your best bet is probably just to suck it up, pay, and find a different route.

[This message has been edited by DannyDuberstein (edited 9/25/2013 3:18p).]

I imagine that it would be tough to provide proof, other than a dent.

Going to be a comp claim.

Personally i would just call a PDR place and see if it can be glue tabbed

Golfer is not liable because driver of car shouldn't have driven near golf course. [/texags]

More like golfer is excused under the "**** happens" aspect of the law.

I haven't broken anyone's **** before, but if I do, the person will get a "take-it-or-leave-it-right-now" offer for what I think is reasonable to have the item fixed. They aren't getting my info or anything else.

[This message has been edited by DannyDuberstein (edited 9/25/2013 3:39p).]

I'm glad this topic came up. I was driving up George Bush last Sunday, admiring the golf course, and wondering the same question. Now I know. Thanks

i believe the correct term is SOL

I was wondering why the golf ball was driving on the public road in the first place.

I was driving on Jersey one day and somehow I picked up a golf ball headed my way. I slowed down and the ball hit in the middle of my lane right in front of me. I would have been hot had it landed on my car!

I don't mean to hijack your thread but my question is along the same lines.

On my home course, if you break someone's window of their home supposedly the golfer is responsible for repair. Is this true?

please refer to one of the million or so (+/- 10) threads that we've had on this. the short answer is no, the golfer is not legally responsible unless it can be proven that they intentionally hit the ball at the house/car/whatever.

Golf courses will post signs that say this to appease the neighbors and help get golfers to pay, but legally, the golfer doesn't owe as long as he was taking reasonable due care to avoid hitting your house (ie if he's on the teebox and aiming for the fairway and just hits a bad shot, he was acting with due care).

[This message has been edited by DannyDuberstein (edited 9/26/2013 4:22p).]

**** no, you shouldn't have put your home on a golf course

File with insurance... Nasty weather dropped golf ball sized hail on the car... It was a very small storm cell

I'll admit it...about 15 years ago, I hit a car from #10 on Bryan Muni and broke the windshield. I saw the old fellow drive back to the clubhouse so I met him there. The marshall said my homeowners insurance would cover it so I gave the guy their number. Later, I called the agent myself and he said that my policy did cover that kind of damage. I never heard anything else about it.

this actually happened to me out at briarcrest the other day. I hit it my drive over the fairway on the left side at the par 5 hole 15 and nailed a house. it sounded like I hit something solid like a wall but I get over there with an older lady holding my ball saying I hit her window. I wasn't sure who paid for it but she has my information so its looking like i'm 200 dollars down.

If you hit a house built on a golf course, you are not liable. If you hit a car on a public road off of the property, you are liable.

Tom,

What if you can't find the golfer? Could the golf course be liable?

golfer and course are not liable.

Legally, it is classified as an assumed risk by the driver.

Basically, if he didn't want to get hit, he shouldn't have driven on a road where he knew there was a good chance of it happening.

Not true.

What everyone is saying about homes is true.

Driving on a public road is not the same in any way. The golfer is responsible, but you will have trouble finding him.

^
I agree. On the surface, the assumed risk argument sounds silly when we're talking about cars. It obviously applies to homeowners that live on a golf course though.

[This message has been edited by proudaggie02 (edited 10/14/2013 10:20a).]

It's still not about assuming risk. If the golfer wasn't negligent, it doesn't matter who was assuming or not assuming risk.

quote:

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It's still not about assuming risk. If the golfer wasn't negligent, it doesn't matter who was assuming or not assuming risk.

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Assunmption of risk is an affirmative defense to negligence, so it would save the hassle of having to disprove negligence for a golfer/defendant.

I've forgotten A LOT since law school, but when I hear the term negligence, I automatically think "duty owed, duty breached, causation, damages" (the 4 elements). If I had to defend myself, my argument would be "I'm not negligent because I did not breach duty of care, but even if you found me to be negligent, I demand this action be thrown out because the plaintiff assumed the risk of buying a house on a golf course."

In the case of hitting a car, I like my argument a lot less.

And to clarify, I've always advocated that a golfer is not legally responsible for hitting a house unless they intended to do so.

Agree. Would feel more comfortable with the affirmative defense available as a backup, but it technically shouldn't have to come to that as long as you could support that you were acting with due care and just hit a crappy shot.

That said, in either case, they'd get my one-time, take-it-or-leave-it offer to pay (driver or home-owner).

[This message has been edited by DannyDuberstein (edited 10/14/2013 4:25p).]

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I would probably offer an autographed glove, like the pros do. I know that some of them will throw down a couple hundreds if they hit a spectator though.

The hitting a driver case would actually be pretty entertaining to listen in on. To prevail, it seems like the driver would have to prove the golfer breached his duty of care. In other words, the golfer always slices the ball 100 yards right so the fact that he would even hit a tee shot on hole #12 by the highway was a breach of his duty of care. So really bad golfers have a better chance of being liable for hitting a driver than good golfers, haha. Not sure what you would use for evidence, but it would be fun to see someone try.

For the record, I don't think the driver would prevail in the case bc I don't think a jury would decide a golfer breached his duty of care, no matter how good/bad they are. It's just funny that technically a bad golfer has a better chance of losing the case than a good golfer.