[Golf ball] cracked my house window. Do I have any recourse?

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Dontwasteit
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by Dontwasteit » Thu May 10, 2018 8:12 am

I wish I had two gold balls...Sorry, couldn't resist.

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deanbrew
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by deanbrew » Thu May 10, 2018 8:38 am

munemaker wrote:
Thu May 10, 2018 7:54 am
Collect the balls.

Image
Does that woman live next to a driving range?
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Horsefly
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by Horsefly » Thu May 10, 2018 8:56 am

My mother lived next to a golf course at just the wrong distance for over-zealous but under-skilled golfers hitting off the tee. Within the first few months she had the same window broken several times, and a couple of other windows broken as well. She found someone (can't remember how) who was able to mount a pexiglass cover over the top of those windows that were most threatened. The cover was offset from the window trim, so that it allowed air to flow through if the window was open. Golf balls continued to hit the area (and accumulate in my mother's yard) but no longer broke anything. They would just hit the pexiglass and drop to the ground.

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munemaker
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by munemaker » Thu May 10, 2018 9:36 am

deanbrew wrote:
Thu May 10, 2018 8:38 am
munemaker wrote:
Thu May 10, 2018 7:54 am
Collect the balls.

Image
Does that woman live next to a driving range?
Those do look like range balls, don't they?

chevca
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by chevca » Thu May 10, 2018 10:11 am

When looking for a new house a couple years ago, there were some new homes in our price range on a golf course. I thought, oh, that would be great! Then, I researched it and found out folks play golf on those courses, hit golf balls that hit the houses, hit windows, hit people, walk by or in your yard, talk loud/swear/drunk, and came to the conclusion of, not worth the view.

OP, good luck. You're probably going to have to deal with this fairly often. I doubt the HOA of a bunch of houses on a golf course will be willing to pay for each window that gets broken. I would imagine they covered themselves that way, and they only care that you keep your house neat and clean... like HOAs do.

jdb
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by jdb » Thu May 10, 2018 10:38 am

chevca wrote:
Thu May 10, 2018 10:11 am
When looking for a new house a couple years ago, there were some new homes in our price range on a golf course. I thought, oh, that would be great! Then, I researched it and found out folks play golf on those courses, hit golf balls that hit the houses, hit windows, hit people, walk by or in your yard, talk loud/swear/drunk, and came to the conclusion of, not worth the view.
Not to digress but brought up memory. Friend is real estate broker on very high end golf resort in south florida. Was showing second floor condo unit to older woman. The balcony overlooked a tee box. They were standing on balcony enjoying view, my friend said he thought unit was sold, then several guys arrived to tee box, one hit a wayward drive and stated swearing blue streak, loud and long. The woman prospective buyer looked at my friend and says “not for me”. But she probably didn’t know about gold golf balls.

Jags4186
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by Jags4186 » Thu May 10, 2018 11:05 am

ClaycordJCA wrote:
Wed May 09, 2018 11:01 pm
randomguy wrote:
Wed May 09, 2018 9:28 pm
Jags4186 wrote:
Wed May 09, 2018 8:22 pm
randomguy wrote:
Wed May 09, 2018 2:47 pm
PVW wrote:
Wed May 09, 2018 2:16 pm


Why?

A person who unintentionally damages your property is still responsible for the damage.
https://en.wikipedia.org/wiki/Assumption_of_risk . By buying a house on a golf course, the homeowner assumes the risk of getting hit. This topic comes up all the time on golf boards and there is some variation between states and situations (i.e. if you are aiming at a house intentionally), but in general there is no legal obligation on the golfers part. A lot pay because they are feel guilty.
I know this will sound stupid, but couldn’t you just take this to ridiculous levels? “I bought a house on a street, I knew there was a possibility of a car losing control and driving into my living room!” What’s the difference between an uncontrolled golf swing sending a golf ball into your window vs a person losing control of their car and driving into your house? Or for a less extreme example, a person living on a park and some kids hitting a baseball into your window?

Wouldn’t assumption of risk be more appropriate for say someone who cuts themself on a really sharp knife set they purchased?
The difference is between expected outcomes and unexpected ones. A driver isn't expected to leave the road when driving properly. A golfer on the other hand is expected to mishit the ball on a regular basis even when playig properly. This have been ruled on in several court cases (all personal injury so not exactly the same but people are a lot more likely to sue over 20k medical bills than 200 windows) where the expectation of a golfer having accuracy isn't reasonable.

You can generalize to the park. If you are playing ball in a little league field and a foul ball breaks a a car window, that probably isn't your fault. If your play in some unstructured space and break the same window, they you have liability since you chose the location and the person parking may not have know about the risk. Now there are obvious nuances and grey areas. If I stand at the tee box and aim the ball over your house to cut the course and drive it through a window, the courts could rule that I assumed the risk of where the ball was ending up since I was playing an unexpected way. Same thing if a 30 year old starts hitting balls in a little league park built for 10 year olds.
In legal terms, the golfer who hits the bad shot that breaks the window is not negligent. Errant shots are common even with very good golfers. The fact the ball doesn’t go where the golfer intended doesn’t mean s/he was so careless that s/he should be liable for the damage caused by a bad shot.

I went golfing many years ago with a lawyer colleague of mine who ended up researching this under California law because he received a demand letter from the owner of the car he hit with his shot from the first tee. He would have paid the owner’s insurance deductible, but felt the car owner was such a jerk that he told him to get lost. My father lives on a golf course and he just bears the cost when one of his windows is broken.
When would repeated “accidents” become negligence?

To stay on the golf situation—say someone routinely shanks balls causing damage. Say he golfs once a week and breaks a window once a week. Would this person be considered negligent?

pindevil
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by pindevil » Thu May 10, 2018 11:14 am

When I lived on a golf course I would wait to replace my windows only when both sheets of glass on my dual pane windows were broken. Sometimes the balls would only break the outer sheet. Of course when the inner sheet broke there was a mess inside the house. Costs the same to replace whether one or two sheets are broken.

My neighbor somehow put Lexan in front of his windows and that was very effective at preventing window breakage.

chevca
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by chevca » Thu May 10, 2018 11:15 am

Depends who you ask. If you ask the golfer with the shanks, he would probably just say he needs new clubs or something. :happy

There's no need to get into the weeds on this one as to what is negligence. It's golf... people hit bad shots sometimes. If one lives on a golf course used by amateurs and novices......

randomguy
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by randomguy » Thu May 10, 2018 11:46 am

Jags4186 wrote:
Thu May 10, 2018 11:05 am

When would repeated “accidents” become negligence?

To stay on the golf situation—say someone routinely shanks balls causing damage. Say he golfs once a week and breaks a window once a week. Would this person be considered negligent?
Realistically never. Nobody is the combo of that bad and plays enough golf😁 I have a feeling you would pretty much have to prove that the person was hoping to break a window. There are very few court cases(who suesbover a 200 dollar window) against individual golfers. There are a lot of suits against courses.

The interesting part is that a ton of golfers pay for Windows. If that is out of moral guiltbor ignorance is hard to say.

chevca
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by chevca » Thu May 10, 2018 11:52 am

I was all set to pay for someone's windshield many years ago, but their auto insurance took care of it.

Never hit an 8 iron that clean any other time in my life! Felt perfect off the club. Although, if it didn't go where I wanted it to, it wasn't that clean, I guess. :happy Overshot the green and the parking lot was behind it.

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Re: [Golf ball] cracked my house window. Do I have any recourse?

Post by LadyGeek » Thu May 10, 2018 3:01 pm

This thread is now in the Personal Finance (Not Investing) forum (recourse).

I also fixed the spelling in the thread title - "Gold ball" to "Golf ball".

Please stay on-topic, which is:
surfer949 wrote:
Wed May 09, 2018 11:56 am
I live on a golf course and one of my window is cracked from a golf ball (yes I know the risk of living on a golf course) I was just wondering if I have any recourse from HOA or the owners of the golf course.
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Gardener
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Re: [Golf ball] cracked my house window. Do I have any recourse?

Post by Gardener » Thu May 10, 2018 3:21 pm

This thread won't get nearly as much traffic now that the title has changed.

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sergeant
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Re: [Golf ball] cracked my house window. Do I have any recourse?

Post by sergeant » Thu May 10, 2018 3:30 pm

I lived on a course for 7 years. My rear patio was in a perfect spot and we rarely got balls from that side. The front of our place was another story. It was about 225 yards from the 18th tee. Everyone with a bad slice would hit the roof of the garage or side of our townhome.

After a ball came through a window I made screens that covered all windows. The screens were spaced from the windows about 2 inches and we never had another broken window.

In California the golfer is responsible for damages. Good luck finding the culprit. Your pic looks like California.
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JaneyLH
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Re: [Golf ball] cracked my house window. Do I have any recourse?

Post by JaneyLH » Thu May 10, 2018 5:14 pm

I had some friends who lived on a golf course, and enjoyed picking up all the balls that landed in their yard and giving them to their golfing friends. They usually had 2 or 3 baskets of balls sitting around the house.

Once I was visiting and we were all sitting in the lovely backyard when I was hit in the arm by a golf ball. No, the golfer didn't come over to see if I was OK or to retrieve his ball... It hurt like the dickens and we all saw what a problem it would have been had the ball been 8" higher and hit my head. My friends installed a net that protected their entire backyard after that. And they had to have the design approved by the HOA!

staythecourse
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Re: [Golf ball] cracked my house window. Do I have any recourse?

Post by staythecourse » Thu May 10, 2018 5:54 pm

I grew up on a house right on the golf course of a fancy country club (no we were not members). I can not tell you how many golf balls hit the house and rarely broke a window. I would say it was RARE to see a golfer actually come and take ownership of the wild shot and its damages.

But must say that house was the best house to this day I ever lived in. All windows with a walk around deck facing the golf course. Loved that house. Sometimes the house is worth the "cost of doing business".

Good luck.
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SrGrumpy
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Re: [Golf ball] cracked my house window. Do I have any recourse?

Post by SrGrumpy » Thu May 10, 2018 6:19 pm

JaneyLH wrote:
Thu May 10, 2018 5:14 pm
Once I was visiting and we were all sitting in the lovely backyard when I was hit in the arm by a golf ball. No, the golfer didn't come over to see if I was OK or to retrieve his ball... It hurt like the dickens and we all saw what a problem it would have been had the ball been 8" higher and hit my head. My friends installed a net that protected their entire backyard after that. And they had to have the design approved by the HOA!
Ahhhh, would the homeowner or HOA by liable (in part) if a guest were injured by a golf ball?

randomguy
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Re: [Golf ball] cracked my house window. Do I have any recourse?

Post by randomguy » Thu May 10, 2018 10:27 pm

SrGrumpy wrote:
Thu May 10, 2018 6:19 pm
JaneyLH wrote:
Thu May 10, 2018 5:14 pm
Once I was visiting and we were all sitting in the lovely backyard when I was hit in the arm by a golf ball. No, the golfer didn't come over to see if I was OK or to retrieve his ball... It hurt like the dickens and we all saw what a problem it would have been had the ball been 8" higher and hit my head. My friends installed a net that protected their entire backyard after that. And they had to have the design approved by the HOA!
Ahhhh, would the homeowner or HOA by liable (in part) if a guest were injured by a golf ball?
Pretty much the same as breaking a window.😁 There are more court cases because people sue when you have 10k+ in damages.

A quick Google isn't turning up those cases but did give
http://www.greenskeeper.org/forums/disc ... icid=60647. And as always every court case tends to have some details which make it unique.

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Re: [Golf ball] cracked my house window. Do I have any recourse?

Post by Cruise » Thu May 10, 2018 10:50 pm

surfer949 wrote:
Wed May 09, 2018 11:56 am
I live on a golf course and one of my window is cracked from a golf ball (yes I know the risk of living on a golf course) I was just wondering if I have any recourse from HOA or the owners of the golf course.
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