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03-02-2008, 10:38 PM
| | Junior Member | | Join Date: Mar 2008
Posts: 3
| |  Golf cart accident
SW Florida. Tonight I was finishing a late round of golf, due to darkness we did not finish and headed back to the club house using the path I was following the cart in our group. When the path deviated to the left and the front cart continued straight and abruptly struck a recently cut tree stump causing damage to his cart and then mine when I struck there cart in the back. There was no lights or markings showing the path or stump. It was incredibly had to see where we were going. We returned to the club house I gave the attendent my name and number, she said the manager would call me in the morning. I'm just happy we were ok, but should I be obligated to pay for damages to the cart?  |
03-02-2008, 10:56 PM
| | Member | | Join Date: Feb 2008
Posts: 452
| | Quote:
Originally Posted by dpd7639  SW Florida. Tonight I was finishing a late round of golf, due to darkness we did not finish and headed back to the club house using the path I was following the cart in our group. When the path deviated to the left and the front cart continued straight and abruptly struck a recently cut tree stump causing damage to his cart and then mine when I struck there cart in the back. There was no lights or markings showing the path or stump. It was incredibly had to see where we were going. We returned to the club house I gave the attendent my name and number, she said the manager would call me in the morning. I'm just happy we were ok, but should I be obligated to pay for damages to the cart? | If you were driving the carts in a negligent manner (and it sounds like you were), then yes, you are obligated to pay for the damage.
You'll probably argue that you weren't driving negligently, but if you could not see where you were going, then you were. |
03-02-2008, 11:34 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,847
| | | In a regular car, if you hit a fixed object, it is always your fault. I don't see how this would be any different. |
03-03-2008, 08:08 AM
| | Junior Member | | Join Date: Mar 2008
Posts: 3
| | | Is it the golf course's responsibility to properly mark hazards and provide visiual aids to help direct carts back in limited visibility? |
03-03-2008, 08:41 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,847
| | | No, it is the driver's responsibility to watch where he is going and avoid stationary hazards. |
03-03-2008, 09:54 AM
| | Junior Member | | Join Date: Mar 2008
Posts: 3
| | | Thank you for your advice |
03-03-2008, 02:44 PM
| | Member | | Join Date: Apr 2007 Location: MN
Posts: 111
| | And in all reality, if it was dark to the point where you couldn't fully see the path, you should have been driving slow enough to be able to stop if you indeed went off the path.
This is why you head in to the club house before it gets dark.  |
03-03-2008, 02:53 PM
| | Senior Member | | Join Date: Nov 2005 Location: New Vertiform City
Posts: 5,134
| |
Quote:
Originally Posted by dpd7639 SW Florida. Tonight I was finishing a late round of golf, due to darkness we did not finish and headed back to the club house using the path I was following the cart in our group. When the path deviated to the left and the front cart continued straight and abruptly struck a recently cut tree stump causing damage to his cart and then mine when I struck there cart in the back. There was no lights or markings showing the path or stump. It was incredibly had to see where we were going. We returned to the club house I gave the attendent my name and number, she said the manager would call me in the morning. I'm just happy we were ok, but should I be obligated to pay for damages to the cart? | At most you are obligated to pay for the depreciated value of the cart that was damaged or destroyed. NOT new replacement value.
Don't let em give you the "We bought a new cart to replace the damaged one, here's the $3950 bill you loser." routine that just about every course manager tries to use on people who wreck a cart.
That's legal advice and experience.
__________________
I've often thought of becoming a golf club. |
03-03-2008, 02:56 PM
| | Member | | Join Date: Apr 2007 Location: MN
Posts: 111
| | Quote:
Originally Posted by xylene At most you are obligated to pay for the depreciated value of the cart that was damaged or destroyed.
NOT new replacement value.
Don't let em give you the "We bought a new cart to replace the damaged one, here's the $3950 bill you loser." routine that just about every course manager tries to use on people who wreck a cart.
That's legal advice and experience. | Good point xylene. I worked for a golf course for 9 years, and yes, they will nickel and dime you if they can. | |
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