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

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surfer949
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[Golf ball] cracked my house window. Do I have any recourse?

Post by surfer949 » 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.

niceguy7376
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by niceguy7376 » Wed May 09, 2018 12:00 pm

How long have you been in this house ?
Did you ever get to know the answer before you moved into the house?
If it were me, i will get the GOLD ball valued first.

I dont have any knowledge on what type of rules are in place for homes on golf courses but this will definitely be written in the HOA

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

Post by abner kravitz » Wed May 09, 2018 12:07 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.
I would check with your HOA and ask what you should do. My HOA covers that cost, which I actually find a little odd

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

Post by bottlecap » Wed May 09, 2018 12:10 pm

Keep the ball as an investment. Gold should have a negative correlation to stock market movements.

As others have said, check with your HOA and/or insurance. Unless you were able to find the golfer attached tot the ball, these are your only options.

Thankfully, most windows on golf courses aren't that expensive to repair. I busted one once and paid for it. It was much cheaper than I thought it would be.

JT

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

Post by PVW » Wed May 09, 2018 12:11 pm

I am not a lawyer, but I would guess you only have recourse against the person responsible for cracking your window.

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

Post by mortfree » Wed May 09, 2018 12:12 pm

in my neighborhood, the golf course has a sign that the golfers are responsible for any damage to the homes.

good luck.

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

Post by Jack FFR1846 » Wed May 09, 2018 12:15 pm

Gold has very expensive tax implications as it's considered a collectible. You're going to have a zero basis as the window repair will not count as part of the cost to acquire the ball (or at least it would send up a flag for the IRS to audit your entire life). I think I might lay low with it and sell it directly to a collector on craigslist.
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mouses
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by mouses » Wed May 09, 2018 12:19 pm

Be glad it hit a window and not someone's head. I have never understood why people buy houses next to golf courses.

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

Post by JBTX » Wed May 09, 2018 12:20 pm

:oops:

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

Post by randomguy » Wed May 09, 2018 12:28 pm

mortfree wrote:
Wed May 09, 2018 12:12 pm
in my neighborhood, the golf course has a sign that the golfers are responsible for any damage to the homes.

good luck.
That is the course trying to disclaim liability. If it is legally accurate is another. Topic comes up all the time on golf boards. There is no general answer that works across all states and courses. In a lot of cases by buying a home onba courses means you assume the risk of getting it. There are some cases where the course is found liable by a setup that causes an unusual number of hits. Checking with the HOA seems like a good first step

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Doom&Gloom
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by Doom&Gloom » Wed May 09, 2018 12:37 pm

Be thankful it only cracked your window. Many years ago a friend in my foursome hit one through a kitchen window where an older couple was having breakfast. Thankfully nobody was hurt, but they were a bit shaken up. IIRC their homeowners' paid for it, but not sure--and long ago.

But, yes, part of the risk of living on a golf course. Good luck.

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

Post by lthenderson » Wed May 09, 2018 12:37 pm

If it were me, I would get a high resolution camera pointed in the direction of the course the ball came from to help aid in identifying perpetrators or additional GOLD balls in the future.

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

Post by newsole » Wed May 09, 2018 12:40 pm

PVW wrote:
Wed May 09, 2018 12:11 pm
I am not a lawyer, but I would guess you only have recourse against the person responsible for cracking your window.
I would sincerely hope there is no possible recourse against the person who hit the ball. (Unless its in the extremely unlikely event that you could prove it was intentional.)

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

Post by samsoes » Wed May 09, 2018 12:42 pm

What's the purity of the gold ball (karat)? How many ozt does it weigh?

Never mind one broken window, you might be able to replace all the windows with that nugget.
"Happiness Is Not My Companion" - Gen. Gouverneur K. Warren. | (Avatar is the statue of Gen. Warren at Little Round Top @ Gettysburg National Military Park.)

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

Post by jalbert » Wed May 09, 2018 12:43 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.
Was the golf course there when you bought the house?
Risk is not a guarantor of return.

Grt2bOutdoors
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by Grt2bOutdoors » Wed May 09, 2018 12:44 pm

You know what they say: It’s worth it’s weight in gold. I would take the Gold and say nothing.

Try the HOA, they may have insurance coverage for the errant balls that fly towards homes from time to time.
Last edited by Grt2bOutdoors on Wed May 09, 2018 12:46 pm, edited 1 time in total.
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samsoes
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by samsoes » Wed May 09, 2018 12:46 pm

lthenderson wrote:
Wed May 09, 2018 12:37 pm
If it were me, I would get a high resolution camera pointed in the direction of the course the ball came from to help aid in identifying perpetrators or additional GOLD balls in the future.
A gold ball the weight of a standard golf ball would be worth about $2k.

Keep the gold balls coming!
"Happiness Is Not My Companion" - Gen. Gouverneur K. Warren. | (Avatar is the statue of Gen. Warren at Little Round Top @ Gettysburg National Military Park.)

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

Post by Pajamas » Wed May 09, 2018 12:46 pm

surfer949 wrote:
Wed May 09, 2018 11:56 am
I was just wondering if I have any recourse from HOA or the owners of the golf course.
What did they say when you asked them about it? Seems like it would be easy enough to do so.

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

Post by HueyLD » Wed May 09, 2018 12:52 pm

Before I bought my current house, I investigated the liability for such incidents.

And the answer got me to buy in a neighborhood without an adjacent golf course.

The OP needs to check with his HOA or the CC&Rs.

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

Post by munemaker » Wed May 09, 2018 12:55 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.
What did you think was going to happen when you bought a home on a golf course?

rob65
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by rob65 » Wed May 09, 2018 1:02 pm

I’m waiting for the replies wondering why people are talking about gold prices after the OP comes back and fixes the typo. :sharebeer

I will confess the title did get me to open the thread, I just had to know. :happy

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

Post by FlyAF » Wed May 09, 2018 1:03 pm

In the 2 states where I've owned property right on the course (and been a golfing member of the country club), the golfer is responsible for damages. In my cases, the courses and neighborhoods were private, and everyone knew everyone and where everyone lived. If someone were to bust a window and the golfer didn't take care of it, word would have gotten around. If you live on a public course where any Joe Hack can walk on, good luck. He's not likely to stop and make it right. In desert environments, the bigger issue is cracked tiles on the roof which is way more common than a window and often left undetected until a monsoon hits, it's too late, and you get a bunch of water damage. I almost bought a house in an environment like this and when I had a roof inspector climb up, there were 143 cracked tiles LOL. That poor house was getting pummeled.

I've never heard of an HOA taking care of it before. That's a first and nice perk!

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

Post by Quantum » Wed May 09, 2018 1:09 pm

How big of a ball? Gold is going for ~$1300/oz, so you might be able to cover the loss.
“The advantage always favors the one who is trying to create fear, over the one who is trying to erase it.” | Howard R. Hughes JR.

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Alexa9
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by Alexa9 » Wed May 09, 2018 1:44 pm

Image

A gold golf ball you say?

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

Post by motorcyclesarecool » Wed May 09, 2018 1:49 pm

You people poking fun at OP’s typo are savage. Please don’t change.
Understand that choosing an HDHP is very much a "red pill" approach. Most would rather pay higher premiums for a $20 copay per visit. They will think you weird for choosing an HSA.

surfer949
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by surfer949 » Wed May 09, 2018 1:50 pm

OMG ok I deserve the roast lol!
I'll crack the ball to see if it's made of gold because if it is then I'm a rich man. I get at least a few landing every week. I will be calling the HOA and ask about it.

Oh and why do I want to live on a golf course? https://postimg.cc/image/7av1ny0pp/
Last edited by surfer949 on Wed May 09, 2018 2:43 pm, edited 1 time in total.

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

Post by munemaker » Wed May 09, 2018 2:11 pm

FlyAF wrote:
Wed May 09, 2018 1:03 pm
In the 2 states where I've owned property right on the course (and been a golfing member of the country club), the golfer is responsible for damages.
i have not played golf in decades, but one time when I was younger, we were golfing at a public course in another state, and a guy I was with drove a wild one through the vinyl siding of a home adjacent to the course; there was a hole in the siding in the shape of a golf ball. No one came out of the house, so presumably no one was home. He dropped one, took a stroke and we played on. Not being a golfer, I think that's what most would do.

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

Post by deanbrew » Wed May 09, 2018 2:15 pm

newsole wrote:
Wed May 09, 2018 12:40 pm
PVW wrote:
Wed May 09, 2018 12:11 pm
I am not a lawyer, but I would guess you only have recourse against the person responsible for cracking your window.
I would sincerely hope there is no possible recourse against the person who hit the ball. (Unless its in the extremely unlikely event that you could prove it was intentional.)
I agree. Owning a house along a golf course comes with accepted risks, in my mind. Especially a house on a fairway 200 yards or so from the tee. I understand liking the view, but there are drawbacks.
"The course of history shows that as the government grows, liberty decreases." Thomas Jefferson

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

Post by PVW » Wed May 09, 2018 2:16 pm

newsole wrote:
Wed May 09, 2018 12:40 pm
PVW wrote:
Wed May 09, 2018 12:11 pm
I am not a lawyer, but I would guess you only have recourse against the person responsible for cracking your window.
I would sincerely hope there is no possible recourse against the person who hit the ball. (Unless its in the extremely unlikely event that you could prove it was intentional.)
Why?

A person who unintentionally damages your property is still responsible for the damage.

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Doom&Gloom
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by Doom&Gloom » Wed May 09, 2018 2:32 pm

surfer949 wrote:
Wed May 09, 2018 1:50 pm
OMG ok I deserve the roast lol!
I'll crack the ball to see if it's made of gold because if it is then I'm be a rich man. I get at least a few landing every week. I will be calling the HOA and ask about it.

Oh and why do I want to live on a golf course? https://postimg.cc/image/7av1ny0pp/
From that picture, I'm surprised this is your first cracked window. With that bunker right there, it would seem that you are in prime landing distance for errant shots. Nice view though!

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

Post by randomguy » Wed May 09, 2018 2:47 pm

PVW wrote:
Wed May 09, 2018 2:16 pm
newsole wrote:
Wed May 09, 2018 12:40 pm
PVW wrote:
Wed May 09, 2018 12:11 pm
I am not a lawyer, but I would guess you only have recourse against the person responsible for cracking your window.
I would sincerely hope there is no possible recourse against the person who hit the ball. (Unless its in the extremely unlikely event that you could prove it was intentional.)
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.

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

Post by PVW » Wed May 09, 2018 3:01 pm

randomguy wrote:
Wed May 09, 2018 2:47 pm
PVW wrote:
Wed May 09, 2018 2:16 pm
newsole wrote:
Wed May 09, 2018 12:40 pm
PVW wrote:
Wed May 09, 2018 12:11 pm
I am not a lawyer, but I would guess you only have recourse against the person responsible for cracking your window.
I would sincerely hope there is no possible recourse against the person who hit the ball. (Unless its in the extremely unlikely event that you could prove it was intentional.)
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.
Yes, I can see both sides and there are probably some interesting caveats. I am such a bad golfer that you could probably convince a small claims judge the golf club should never have let me on the course and therefore they are responsible for the damage.

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

Post by bloom2708 » Wed May 09, 2018 3:19 pm

Call a good local window company. Depending on the size, it may be $50 to $150 for the glass insert replacement (double, triple, etc).

The glass is quite inexpensive. If you spend 3 hours trying to track down the golfer, that may be worth more of your time than just replacing the glass.

You will have to figure where the cost/benefit axis crosses. Fore!
"We are here not to please but to provoke thoughtfulness" Unknown Boglehead

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

Post by Luke Duke » Wed May 09, 2018 3:55 pm

When I was a kid one of my best friends lived on a golf course. His dad would collect balls from the back yard and keep them in 5 gal buckets. When we got bored we would go in the back yard and hit/throw a bunch of balls on to the green behind his house. We would hide in the bushes and laugh at the golfers' reactions when they came over the hill and there were 100 balls on the green.

renue74
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by renue74 » Wed May 09, 2018 3:59 pm

You live on a golf course. Your recourse is to pay the $180 to get the window pane fixed and call it a day. (I call it $180, because that's how much I just spent on a rental property where a kid with a BB gun shot out a window pane...I paid the glass company. :) )

Maybe if you don't like golf balls potentially hitting your home, you could move.

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

Post by Gnirk » Wed May 09, 2018 4:04 pm

We live on two golf courses; one is our main home and the other a snowbird home. Neither HOA covers damage by golf balls. However, the HOA for our snowbird home offers a $5 per year insurance policy that covers breakage of windows by golf balls. In our main home neighborhood, the saying is "you bought on a golf course, you know the hazards". So, it's up to the golfer whose ball broke your windowif he/she wants to pay for the breakage. Otherwise, it's up to the homeowner.

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

Post by jdb » Wed May 09, 2018 4:16 pm

Not legal advice. A golfer generally only responsible for damages when his or her golf ball goes where it is reasonably supposed to go and causes damage. Think of a golfer hitting to par 3 green while other golfers still on green and causing personal injury. But truly errant shots are considered part of the game, anyone living on golf course should consider it part of the golf course living cost. Once I hit ball into open window on house under construction. Worker came out to balcony and threw the ball back to me with a smile. Another time hit roof of house while woman was lunching on patio. I waved to her and said jokingly she could keep golf ball. Husband then ran after me carrying golf ball and yelling that I should have apologized. Joys of golf. Good luck. Edit: both times took penalty and hit found ball where it ended up, once after worker threw in fairway and other after irate husband threw ball at me. Need to follow the rules.
Last edited by jdb on Wed May 09, 2018 8:30 pm, edited 1 time in total.

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

Post by Quantum » Wed May 09, 2018 5:41 pm

You know why they call it "golf"... right?
“The advantage always favors the one who is trying to create fear, over the one who is trying to erase it.” | Howard R. Hughes JR.

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

Post by Clever_Username » Wed May 09, 2018 8:05 pm

munemaker wrote:
Wed May 09, 2018 2:11 pm
FlyAF wrote:
Wed May 09, 2018 1:03 pm
In the 2 states where I've owned property right on the course (and been a golfing member of the country club), the golfer is responsible for damages.
i have not played golf in decades, but one time when I was younger, we were golfing at a public course in another state, and a guy I was with drove a wild one through the vinyl siding of a home adjacent to the course; there was a hole in the siding in the shape of a golf ball. No one came out of the house, so presumably no one was home. He dropped one, took a stroke and we played on. Not being a golfer, I think that's what most would do.
He shouldn't do that; lost ball is stroke and distance and has been for quite some time.
"What was true then is true now. Have a plan. Stick to it." -- XXXX, _Layer Cake_

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

Post by Dottie57 » Wed May 09, 2018 8:07 pm

niceguy7376 wrote:
Wed May 09, 2018 12:00 pm
How long have you been in this house ?
Did you ever get to know the answer before you moved into the house?
If it were me, i will get the GOLD ball valued first.

I dont have any knowledge on what type of rules are in place for homes on golf courses but this will definitely be written in the HOA

My first thought was to claim the gold ball as mine.

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

Post by Jags4186 » 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
newsole wrote:
Wed May 09, 2018 12:40 pm
PVW wrote:
Wed May 09, 2018 12:11 pm
I am not a lawyer, but I would guess you only have recourse against the person responsible for cracking your window.
I would sincerely hope there is no possible recourse against the person who hit the ball. (Unless its in the extremely unlikely event that you could prove it was intentional.)
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?

alwi228
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by alwi228 » Wed May 09, 2018 8:52 pm

Pay the window company. Your only other recourse is to hire a golf pro and try to get this guys slice straightened out. I have spent much more on golf lessons than windows.

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

Post by mlebuf » Wed May 09, 2018 9:09 pm

Living overlooking a golf course and not expecting damage is like living with a swimming pool that overlooks a golf course and expecting privacy. I have a friend whose home overlooks a golf course. The walls on his patio have numerous dents the diameter of a golf ball. The simplest and probably cheapest remedy is to get the damage repaired and pay for it. Perhaps there is glass out there that is impervious to golf balls.
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Jack FFR1846
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by Jack FFR1846 » Wed May 09, 2018 9:22 pm

I find it humerous that some of you think the golfer isn't responsible for the damage because the home owner knew his house was on a golf course. Ok, in like manner,

You knew that your house is on a road where trucks drive, so if a truck goes out of control and drives through your house, well, you knew trucks drive on the roads.
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randomguy
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by randomguy » 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
newsole wrote:
Wed May 09, 2018 12:40 pm
PVW wrote:
Wed May 09, 2018 12:11 pm
I am not a lawyer, but I would guess you only have recourse against the person responsible for cracking your window.
I would sincerely hope there is no possible recourse against the person who hit the ball. (Unless its in the extremely unlikely event that you could prove it was intentional.)
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.

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

Post by Sandtrap » Wed May 09, 2018 10:34 pm

True Story:

A retired professor in our senior golf league hit a tee shot into someone's window. The owner called the police and went everywhere looking for the "culprit". We were all eating lunch in the clubhouse when the cops came in. The professor owned up to the misdeed and made arrangements to pay for repairs to the fellow's window.

There would have been on way to prove anything If the professor had volunteered info. We did not hear the window break. The Tee box was over 200 yards away. For all we know the window might have been broken by another golf ball another day. Either way, it worked out well.

I suspect that a homeowner would have to actually witness the person on the tee box hit the ball that broke a window. And, at that point it would be a personal accountability. If not, then homeowner's insurance. An errant golf ball is not an intention, despite the plethora of golf balls sold that do not go straight.

FWIW: On one course, there is a large and long plastic fence at strong and distant angle to a tee box that supposedly protects the employee parking area. It is full of holes, everywhere. A testament to just how crooked some folks can hit a golf ball.

FOre!!!
:shock:

Gold: currently $1,316 an ounce. A Golf Golf Ball would be worth a lot.
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ClaycordJCA
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Re: Gold ball cracked my house window. Do I have any recourse?

Post by ClaycordJCA » 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
newsole wrote:
Wed May 09, 2018 12:40 pm


I would sincerely hope there is no possible recourse against the person who hit the ball. (Unless its in the extremely unlikely event that you could prove it was intentional.)
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.

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

Post by b.lock » Wed May 09, 2018 11:22 pm

Gold ball flying through your window... First world problems!
:P

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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 7:54 am

Collect the balls.

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

Post by spectec » Thu May 10, 2018 8:04 am

My daughter and her husband & 3 sons live on a golf
Course. He’s an avid golfer himself and is very supportive of golfers who make mistakes. If a wayward shot lands on his property he points out where it landed and encourages the golfer to walk on to his property to retrieve the ball (no carts allowed). Their house frequently gets hit by wayward shots, and my daughter laughs about the fact that when that happens all the boys yell out “shankopottamus” in unison. They’ve had to replace a window or two and the screen on their back porch over the years.

If a neighbor complains about wayward shots hitting their property, SIL always replies “Well, you knew the golf course was there when you bought the house. What did you expect?”
Last edited by spectec on Thu May 10, 2018 8:17 am, edited 5 times in total.
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