What Does The Law Say

[rewcsw]

I live in tyler, texas. While playing golf my tee shot went way right and struck a moving car while leaving the golf course community. I do not know the proper protocal on such an event. The owner of the car is wanting me to pay for damages. What does the law say when it pertains to an active sport such as golf and an accident occurs. Am i exempt from liability or will I be held liable?

everyone tells me something different.

[lwpat]

It was your ball so pay up.

[JETX]

Originally Posted by rewcsw

Am i exempt from liability or will I be held liable?

You are liable due to your negligence (inability to keep the ball on the course.... and yet still decided to play the game).

[judgej]

In the state of texas you are liable only if you were negligent(failing to do the right thing) in your attempt to hit the ball.

Example: If you tried to cut a corner of the desired path of the fairway... or if you kept hitting ball after ball until you were happy with the one that entered the fairway.

each person assumes their own risk when in or near a resort area or athletic area such as a golf course, tennis courts and ball fields.

Each person should turn this in to each insurance company. Let the insurance companies work things out. This would be the quickest and most viable step to close this situation.

[stephenk]

"negligent(failing to do the right thing)"

That's your definition of negligence?

[JETX]

Originally Posted by judgej

In the state of texas you are liable only if you were negligent(failing to do the right thing) in your attempt to hit the ball.

Example: If you tried to cut a corner of the desired path of the fairway... or if you kept hitting ball after ball until you were happy with the one that entered the fairway.

each person assumes their own risk when in or near a resort area or athletic area such as a golf course, tennis courts and ball fields.

Each person should turn this in to each insurance company. Let the insurance companies work things out. This would be the quickest and most viable step to close this situation.

And of course, that is all crap. You clearly have never heard of 'res ipsa loquitor'.

negligence
n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Negligence is accidental as distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving. Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey. In making a claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove: a) that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public, b) that the defendant's action (or failure to act) was negligent-not what a reasonably prudent person would have done, c) that the damages were caused ("proximately caused") by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness. If the injury is caused by something owned or controlled by the supposedly negligent party, but how the accident actually occurred is not known (like a ton of bricks falls from a construction job), negligence can be found based on the doctrine of res ipsa loquitor (Latin for "the thing speaks for itself").

[PA_Old_Man]

Why can't the car owner, put in a claim, and you offer to just pay their deductible? Or is the car owner more looking for revenge than repair?

It should go under comprehensive, and not collision. So, it should not affect their future rates.

Also, does this "golf course community" have rules about this? I mean, does it already spell out liability for golf related property damages in the community rules? Does the "golf course community" have its own insurance for golf related property damages that happen within the community?

[Sal33n]

Originally Posted by judgej

each person assumes their own risk when in or near a resort area or athletic area such as a golf course, tennis courts and ball fields.

That is the biggest bunch of crap I ever heard. Show me a street sign that say "South Blvd, enter at own risk".

No one assumes risks on a public road near an athletic area. I am sure that the road was there long before the golf/tennis/ball fields were there.

[JETX]

Originally Posted by Sal33n

That is the biggest bunch of crap I ever heard. Show me a street sign that say "South Blvd, enter at own risk".

No one assumes risks on a public road near an athletic area. I am sure that the road was there long before the golf/tennis/ball fields were there.

Yep, 'judge' is about to get the carpet pulled out from under him....

In any case, it makes no difference whether the road was there first or not. The ONLY issue is that the golf course is designed so that any COMPETENT player will not hit off the course (out of bounds). The fact that the OP did, is negligence on his part in not being able to control his play.