Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Go Back   Calgarypuck Forums - The Unofficial Calgary Flames Fan Community > Main Forums > The Off Topic Forum
Register Forum Rules FAQ Community Calendar Today's Posts Search

Reply
 
Thread Tools Search this Thread
Old 05-11-2011, 03:43 PM   #1
Bean
Scoring Winger
 
Join Date: May 2004
Exp:
Default Hitting a house with a golf ball - Responsibility Debate

I’m separating this from the general “Golf!!!” thread as I am hoping for some healthy debate:

On the golf course, if you slice a ball so badly that it hits a house and breaks a window, are you liable for damages? Where is the line between responsibility of the golfer, the golf course and the home owner? What other factors come into play?

Have at it.
Bean is offline   Reply With Quote
Old 05-11-2011, 03:45 PM   #2
Beerfest
Lifetime Suspension
 
Join Date: May 2010
Exp:
Default

I think a factor that should come into play is which came first..the course or the house.

More times then not, id say the course was there before the house, so homeowners should of known the possibilities of a broken window, dents, etc.

Last edited by Beerfest; 05-11-2011 at 03:53 PM. Reason: forgot a word
Beerfest is offline   Reply With Quote
Old 05-11-2011, 03:46 PM   #3
mykalberta
Franchise Player
 
mykalberta's Avatar
 
Join Date: Aug 2005
Location: Calgary
Exp:
Default

Every place I have played I have been told by the course that the golfer is responsible for it.

If you have ever played in Phoenix that is where they really walk the line imo, some of those fairways are crazy narrow.
__________________
MYK - Supports Arizona to democtratically pass laws for the state of Arizona
Rudy was the only hope in 08
2011 Election: Cons 40% - Nanos 38% Ekos 34%
mykalberta is offline   Reply With Quote
Old 05-11-2011, 03:48 PM   #4
Mass_nerder
Franchise Player
 
Mass_nerder's Avatar
 
Join Date: Jul 2010
Location: Barthelona
Exp:
Default

Usually courses that wind in through communities will post warnings declaring that you are responsible for any damage cause by errant shots.
Mass_nerder is offline   Reply With Quote
Old 05-11-2011, 03:48 PM   #5
Kybosh
#1 Goaltender
 
Kybosh's Avatar
 
Join Date: Nov 2005
Location: An all-inclusive.
Exp:
Default

I've always been told that it is the golfer's responsibility. I personally think, however, that if you buy or build backing on a golf course you don't have the right to bitch when people hit your house.
Kybosh is offline   Reply With Quote
Old 05-11-2011, 03:48 PM   #6
corporatejay
Franchise Player
 
corporatejay's Avatar
 
Join Date: Jul 2005
Exp:
Default

I suppose it depends on whether you want to play there again or not. If you're a member at a golf course, you probably want to stay in the good graces of the course, if it's a public course, I go with "hey, you're the idiot who bought a house a golf course, suck an egg" position.
__________________
corporatejay is offline   Reply With Quote
Old 05-11-2011, 03:49 PM   #7
Mass_nerder
Franchise Player
 
Mass_nerder's Avatar
 
Join Date: Jul 2010
Location: Barthelona
Exp:
Default

From what I've heard, it's tough for home owners, along courses, to get extra insurance against damage from golf balls.
Mass_nerder is offline   Reply With Quote
Old 05-11-2011, 03:49 PM   #8
Byrns
Powerplay Quarterback
 
Byrns's Avatar
 
Join Date: Apr 2007
Exp:
Default

The golfer should 100% pay for it, I can't see why they shouldn't. It's not like the house is sitting in the fairway.
Byrns is offline   Reply With Quote
Old 05-11-2011, 03:50 PM   #9
corporatejay
Franchise Player
 
corporatejay's Avatar
 
Join Date: Jul 2005
Exp:
Default

Quote:
Originally Posted by Mass_nerder View Post
From what I've heard, it's tough for home owners, along courses, to get extra insurance against damage from golf balls.
So buy a house elsewhere.
__________________
corporatejay is offline   Reply With Quote
The Following 3 Users Say Thank You to corporatejay For This Useful Post:
Old 05-11-2011, 03:50 PM   #10
FlamesAddiction
Franchise Player
 
FlamesAddiction's Avatar
 
Join Date: Oct 2001
Location: Vancouver
Exp:
Default

Quote:
Originally Posted by Beerfest View Post
I think a factor that should come into play is which came first..the course or the house.

More times then not, id say the course was there before the house, so homeowners should of the possibilities of a broken window, dents, etc.

Plus, sometimes having a house that borders a golf course is one the incentives someone has to buy there. If they buy a house adjacent to the golf course because they wanted to live next to the golf course, then I think they should assume that risk.
__________________
"A pessimist thinks things can't get any worse. An optimist knows they can."
FlamesAddiction is offline   Reply With Quote
Old 05-11-2011, 03:52 PM   #11
kirant
Franchise Player
 
kirant's Avatar
 
Join Date: Apr 2009
Exp:
Default

For the most part, I'd argue that the golfer should pay. Most courses are extremely generous with their siding and, even with most wind shifts and uncontrollable problems like that, wouldn't pull the ball that far off course.
__________________
kirant is offline   Reply With Quote
Old 05-11-2011, 03:52 PM   #12
Bring_Back_Shantz
Franchise Player
 
Bring_Back_Shantz's Avatar
 
Join Date: Jul 2003
Location: In my office, at the Ministry of Awesome!
Exp:
Default

Yeah, I'm not sure why there's a debate here.
You hit the ball, you knew there were houses there, why would you not be 100% responsible?

Saying it's the house owners responsibility becasue they built a house there is on the same line as saying that getting rear ended in your car is 50% your fault because you drove your car onto the road where it might get rear ended.

That being said, the person who's house get's hit does have to accept that there is a risk and not be a total dick about it, but they shouldn't have to pay for the damages caused by someone who is voluntarily participating in a leisure activity next to their house.
__________________
THE SHANTZ WILL RISE AGAIN.
<-----Check the Badge bitches. You want some Awesome, you come to me!
Bring_Back_Shantz is offline   Reply With Quote
The Following 4 Users Say Thank You to Bring_Back_Shantz For This Useful Post:
Old 05-11-2011, 03:53 PM   #13
DownhillGoat
Franchise Player
 
DownhillGoat's Avatar
 
Join Date: Jan 2010
Exp:
Default

Anywhere I've played around here it's the golfer that's responsible.

The only time I've seen the course responsible was back home. When I was a kid our house got hit by a number of golfers at the driving range. The range had to repair the damages. Can't remember all the details as I was pretty young at the time, but IIRC it was due to the range being made closer to the residential section than the town had originally approved.
DownhillGoat is offline   Reply With Quote
Old 05-11-2011, 03:54 PM   #14
Maritime Q-Scout
Ben
 
Maritime Q-Scout's Avatar
 
Join Date: Jan 2004
Location: God's Country (aka Cape Breton Island)
Exp:
Default

I don't know what it's like in Alberta, but here where there are houses by golf courses there are nets set up to catch any errant balls that are hit.

I would think that there should be some responsibility to negate any damages by putting some sort of protective barrier up. If you don't do that, then the golfer should not be on the hook for the entire cost to replace the window. That said, you did hit the ball and therefore are responsible.

As a poster mentioned above if the house was there first, I would think the course would have to put up the protective barrier. If the house came second, then there's a calculated risk for not putting up your own barrier. You knowingly built next to a golf course, there will be balls that are hit onto your hard, and possibly through your windows.

I don't know how insurance would handle this situation, they probably only would insure if you had protection in the form of a fence or a net.

Regardless I don't think it should be 100% the golfer, but they should be responsible.


Edit: I'm picturing houses right along the course where it's plausible they would get it. Not 100 yards off the fairway, I guess in the end it's contextual
__________________

"Calgary Flames is the best team in all the land" - My Brainwashed Son

Last edited by Maritime Q-Scout; 05-11-2011 at 03:57 PM.
Maritime Q-Scout is offline   Reply With Quote
Old 05-11-2011, 03:55 PM   #15
LGA
Powerplay Quarterback
 
LGA's Avatar
 
Join Date: Feb 2005
Exp:
Default

I definitely read that as "Hitting a horse with a golf ball" and was imagining fantastic scenarios where those two may collide.
LGA is offline   Reply With Quote
The Following 2 Users Say Thank You to LGA For This Useful Post:
Old 05-11-2011, 03:55 PM   #16
CaptainCrunch
Norm!
 
CaptainCrunch's Avatar
 
Join Date: Jun 2002
Exp:
Default

About 90% of the courses that I've played at have posted that damages are the golfer's responsibility.

Its not like the houses are sitting right in the fairway, or even close to the rough areas so your slice or hook has to be fairly wicked to break a window.

The golfers are pretty much responsible for damages that they do.
__________________
My name is Ozymandias, King of Kings;

Look on my Works, ye Mighty, and despair!
CaptainCrunch is offline   Reply With Quote
Old 05-11-2011, 03:56 PM   #17
edn88
#1 Goaltender
 
edn88's Avatar
 
Join Date: Aug 2005
Location: Calgary
Exp:
Default

When I golfed at Country Hills I played with a few lawyers who insisted that you were not obligated as a golfer to pay for a window that you broke accidentally.

And I found this online... not sure if it should be considered gospel or not

http://library.findlaw.com/2000/Feb/1/126692.html
__________________
GO FLAMES GO
edn88 is offline   Reply With Quote
Old 05-11-2011, 03:57 PM   #18
troutman
Unfrozen Caveman Lawyer
 
troutman's Avatar
 
Join Date: Oct 2002
Location: Crowsnest Pass
Exp:
Default

http://www.golfcourserealty.com/feat...rance-3921.htm

http://www.golf.com/golf/special/art...731735,00.html

Last edited by troutman; 05-11-2011 at 03:59 PM.
troutman is offline   Reply With Quote
Old 05-11-2011, 03:58 PM   #19
Mass_nerder
Franchise Player
 
Mass_nerder's Avatar
 
Join Date: Jul 2010
Location: Barthelona
Exp:
Default

Quote:
Originally Posted by Maritime Q-Scout View Post
I don't know what it's like in Alberta, but here where there are houses by golf courses there are nets set up to catch any errant balls that are hit.

I would think that there should be some responsibility to negate any damages by putting some sort of protective barrier up. If you don't do that, then the golfer should not be on the hook for the entire cost to replace the window. That said, you did hit the ball and therefore are responsible.

As a poster mentioned above if the house was there first, I would think the course would have to put up the protective barrier. If the house came second, then there's a calculated risk for not putting up your own barrier. You knowingly built next to a golf course, there will be balls that are hit onto your hard, and possibly through your windows.

I don't know how insurance would handle this situation, they probably only would insure if you had protection in the form of a fence or a net.

Regardless I don't think it should be 100% the golfer, but they should be responsible.
They do place nets along the course, but only in places where it would be common for the ball to stray off the course. Places where the fairway might dog leg, or behind the green.
They can't line the entire course with nest to stop the occasional slice in the middle of the fairway.
Mass_nerder is offline   Reply With Quote
Old 05-11-2011, 03:59 PM   #20
corporatejay
Franchise Player
 
corporatejay's Avatar
 
Join Date: Jul 2005
Exp:
Default

Quote:
Saying it's the house owners responsibility becasue they built a house there is on the same line as saying that getting rear ended in your car is 50% your fault because you drove your car onto the road where it might get rear ended.
That is a terrible analogy. It would be the equivalent of expecting someone to pay for kicking up a rock and cracking your windshield.
__________________
corporatejay is offline   Reply With Quote
The Following 2 Users Say Thank You to corporatejay For This Useful Post:
Reply

Tags
fault , fore! , karma , wind must have shifted


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -6. The time now is 04:54 AM.

Calgary Flames
2024-25




Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.
Copyright Calgarypuck 2021 | See Our Privacy Policy