Golf ball accident near course

I live in Florida in a golf course community. Near our house is a tee where an average to good golfer can advantage himself by hitting over the houses to cut the dog leg. Unfortunately, many balls land in the street where there are typically unsuspecting pedestrians, people working in their yards, etc. The course owner says they cannot "police" the golfers to ensure they aim for the fairway. The golfers say we should have known the risks when we bought the house. We are afraid someone will be seriously hurt or even killed. Who carries the risk here? The golfer, the course owner, or both?

[JETX]

Are you talking about damage to surrounding homes, injuries to residents or injuries to non-residents. Each has separate liabilities. In principal the residents would have little or no claim since they purchased the house knowing that there was a risk of golf 'incidents'. This is called 'Assumption-of-risk'. However, an innocent transient through the neighborhood (mailman, etc.) would not necessarily have assumed that risk.

So, your answer is in the following excerpts:

"-Is a golf course responsible to insure that the course design provides a reasonably safe course? Here's an opinion by the California Court of Appeals -The duty of a golf course towards a golfer is to provide a reasonably safe golf course. This duty requires the golf course owner "to minimize the risks without altering the nature of the sport." The owner of a golf course has an obligation to design a golf course to minimize the risk that players will be hit by golf balls, by the way the various trees, fairways and greens are aligned or separated. Course owners may also have a duty to provide protection for players from being hit with golf balls "where the greatest danger exists and where such an occurrence is reasonably to be expected." This is considered a secondary assumption of the risk case where the owner owed a duty of care to the golfer in the design and maintenance of a golf course. As opposed to "primary assumption of risk by the golfer."

- A home buyer purchases a home adjacent to a golf course. Later finds that golf balls land on his property. Can the home owner sue for nuisance or property damage?
Here's an opinion by the California Court of Appeals - The home owner purchased the property with knoweldge that it was next to a golf course, which put them on at least constructive notice that golf balls would be landing on their property. This opinion assumed that the golf course was not modified after the buyer purchased the home so as to increase the likelihood that balls would land on the home owners property.

- A home owner sues a golfer when it is discovered that the golfer's errant golf ball broke her expensive plateglass window which faced the golf course. Can she recovery the cost of the window?
Here's a legal opinion - Based on similar cases where the assumption-of-risk is applied, the home owner assumed the risk that an errant golf ball might break the expensive window. Previous knowledge that golf balls could land on her property put her on constructive notice."
Source: [url]http://www.igolf2.com/law.html[/url]

[I AM ALWAYS LIABLE]

My response:

Whoops !

That's great for California, but our writer is in Florida. Steve, can you give us some sage advice concerning Florida "assumption of the risk", and "primary and secondary" negligence in Re: sports ?

IAAL

[JETX]

Okay...
Florida:
"A second concern is the damage that may be done by these errant balls. The Golf Club, the builder and the course designer are usually protected in the documents that are signed at closing. The homeowner usually assumes the risk of damage and may wish to insure against this event. Golfers may be responsible for damage but collecting is usually difficult and impractical.

Most golfing communities address golfers' liability with a clause similar to the above, "All owners, by acceptance and delivery of a deed to a Lot, assume all risks associated with errant golf balls, and all Owners agree not to make any claim or institute any action against the Community Developer, the Club, the golf course designer, the builder or any other party other than the golfer who caused the property damage or personal injury, arising or resulting from any errant balls or golf clubs. In other words, the golfer is responsible for damage but collecting, especiallyfor minor damage, may be an impractical task for the homeowner."
Source: [url]http://schumannlawoffices.lawoffice.com/golf.htm[/url]

Another interesting opinion is that stated:
"Living on a golf course and living with golf balls," Florida Judge Chris Altenbernd wrote in 1991, "necessarily go hand-in-hand."
Source: [url]http://www.golfjournal.org/features/99/june/side_whos_responsible_thats_a_good_question.html[/url]

I submitted the original post.
I am primarily concerned about unsuspecting pedestrians and bike riders who cannot see the tee box, nor can the golfers see them, even though they are hitting right over their heads. The street area (hidden by houses) is only about 75 to 100 yards from the tee.