Elawyers Elawyers
Washington| Change
Asked in FL May 21, 2022 ,  0 answers Visitors: 1
While playing golf on a golf course, I sliced the ball and it hit a house that was on the right side of the fairway. My ball broke the window of the house. Who is responsible paying for the broken window. I believe it is the house on the course whose homeowners insurance should cover it, or the golf course itself has insurance for this. I can\'t believe it is the responsibility of the golfer.
Data From  LAWGURU_Question

7 Answers

Anonymous
Reply

Posted on / Jul. 30, 2009 14:31:00

How is this a constitutional law issue? There is no constitutional right to play golf, have insurance, not pay for negligent acts, etc. This is a civil litigation issue.

I answered one of your multiple versions of this question in Administrative Law catagory. Don't worry, at least 3 more versions of your question are still posted in Constitutional Law catagory for other attorneys to answer if they choose. It's really not necessary to ask the question multiple times as other attorneys can see an answered question and answer it as well.

Anonymous
Reply

Posted on / Jul. 30, 2009 08:05:00

The question I have is why would it offend your sensibilities for a golfer to be responsible for damages when he was admittedly responsible for the accident which caused property damage? The key to your question is "I sliced the ball and it hit a house." I understand it was an accident, and it is true that houses on a golf course can expect a certain amount of risk of damage from flying golf balls, but that in itself does not absolve the golfer from any liability. You should look for some writing which states your responsibility: your club membership agreement and/or policies, the terms of use you either signed or were visibly posted when you paid to play that one game of golf. If there is nothing in writing which addresses liability for such an accident, you cannot force either the home owner or the golf course to use their insurance to pay for the damage. If either or both do use their insurance to pay for the damage, and the insurance does pay, they of course cannot 'double dip' and recover the same damages from you as well. They can require you to pay any repair cost which is not covered by their insurance policies or for the policy deductible they are required to pay. Additionally, the insurance company, after paying directly for any damage, may seek reimbursement from you because you were responsible for the damage.

I noticed that you posted this question in multiple catagories. The proper catagory is probably General Civil Litigation.

Anonymous
Reply

Posted on / Jul. 30, 2009 08:05:00

The question I have is why would it offend your sensibilities for a golfer to be responsible for damages when he was admittedly responsible for the accident which caused property damage? The key to your question is "I sliced the ball and it hit a house." I understand it was an accident, and it is true that houses on a golf course can expect a certain amount of risk of damage from flying golf balls, but that in itself does not absolve the golfer from any liability. You should look for some writing which states your responsibility: your club membership agreement and/or policies, the terms of use you either signed or were visibly posted when you paid to play that one game of golf. If there is nothing in writing which addresses liability for such an accident, you cannot force either the home owner or the golf course to use their insurance to pay for the damage. If either or both do use their insurance to pay for the damage, and the insurance does pay, they of course cannot 'double dip' and recover the same damages from you as well. They can require you to pay any repair cost which is not covered by their insurance policies or for the policy deductible they are required to pay. Additionally, the insurance company, after paying directly for any damage, may seek reimbursement from you because you were responsible for the damage.

I noticed that you posted this question in multiple catagories. The proper catagory is probably General Civil Litigation.

Anonymous
Reply

Posted on / Jul. 30, 2009 08:05:00

The question I have is why would it offend your sensibilities for a golfer to be responsible for damages when he was admittedly responsible for the accident which caused property damage? The key to your question is "I sliced the ball and it hit a house." I understand it was an accident, and it is true that houses on a golf course can expect a certain amount of risk of damage from flying golf balls, but that in itself does not absolve the golfer from any liability. You should look for some writing which states your responsibility: your club membership agreement and/or policies, the terms of use you either signed or were visibly posted when you paid to play that one game of golf. If there is nothing in writing which addresses liability for such an accident, you cannot force either the home owner or the golf course to use their insurance to pay for the damage. If either or both do use their insurance to pay for the damage, and the insurance does pay, they of course cannot 'double dip' and recover the same damages from you as well. They can require you to pay any repair cost which is not covered by their insurance policies or for the policy deductible they are required to pay. Additionally, the insurance company, after paying directly for any damage, may seek reimbursement from you because you were responsible for the damage.

I noticed that you posted this question in multiple catagories. The proper catagory is probably General Civil Litigation.

Anonymous
Reply

Posted on / Jul. 30, 2009 08:05:00

The question I have is why would it offend your sensibilities for a golfer to be responsible for damages when he was admittedly responsible for the accident which caused property damage? The key to your question is "I sliced the ball and it hit a house." I understand it was an accident, and it is true that houses on a golf course can expect a certain amount of risk of damage from flying golf balls, but that in itself does not absolve the golfer from any liability. You should look for some writing which states your responsibility: your club membership agreement and/or policies, the terms of use you either signed or were visibly posted when you paid to play that one game of golf. If there is nothing in writing which addresses liability for such an accident, you cannot force either the home owner or the golf course to use their insurance to pay for the damage. If either or both do use their insurance to pay for the damage, and the insurance does pay, they of course cannot 'double dip' and recover the same damages from you as well. They can require you to pay any repair cost which is not covered by their insurance policies or for the policy deductible they are required to pay. Additionally, the insurance company, after paying directly for any damage, may seek reimbursement from you because you were responsible for the damage.

I noticed that you posted this question in multiple catagories. The proper catagory is probably General Civil Litigation.

Anonymous
Reply

Posted on / Jul. 30, 2009 08:05:00

The question I have is why would it offend your sensibilities for a golfer to be responsible for damages when he was admittedly responsible for the accident which caused property damage? The key to your question is "I sliced the ball and it hit a house." I understand it was an accident, and it is true that houses on a golf course can expect a certain amount of risk of damage from flying golf balls, but that in itself does not absolve the golfer from any liability. You should look for some writing which states your responsibility: your club membership agreement and/or policies, the terms of use you either signed or were visibly posted when you paid to play that one game of golf. If there is nothing in writing which addresses liability for such an accident, you cannot force either the home owner or the golf course to use their insurance to pay for the damage. If either or both do use their insurance to pay for the damage, and the insurance does pay, they of course cannot 'double dip' and recover the same damages from you as well. They can require you to pay any repair cost which is not covered by their insurance policies or for the policy deductible they are required to pay. Additionally, the insurance company, after paying directly for any damage, may seek reimbursement from you because you were responsible for the damage.

I noticed that you posted this question in multiple catagories. The proper catagory is probably General Civil Litigation.

Anonymous
Reply

Posted on / Jul. 30, 2009 08:05:00

The question I have is why would it offend your sensibilities for a golfer to be responsible for damages when he was admittedly responsible for the accident which caused property damage? The key to your question is "I sliced the ball and it hit a house." I understand it was an accident, and it is true that houses on a golf course can expect a certain amount of risk of damage from flying golf balls, but that in itself does not absolve the golfer from any liability. You should look for some writing which states your responsibility: your club membership agreement and/or policies, the terms of use you either signed or were visibly posted when you paid to play that one game of golf. If there is nothing in writing which addresses liability for such an accident, you cannot force either the home owner or the golf course to use their insurance to pay for the damage. If either or both do use their insurance to pay for the damage, and the insurance does pay, they of course cannot 'double dip' and recover the same damages from you as well. They can require you to pay any repair cost which is not covered by their insurance policies or for the policy deductible they are required to pay. Additionally, the insurance company, after paying directly for any damage, may seek reimbursement from you because you were responsible for the damage.

I noticed that you posted this question in multiple catagories. The proper catagory is probably General Civil Litigation.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer