Golf Balls endangering my life

What is the name of your state? CA

I live in a golf course community, but not along the course itself. When buying the house from the builder, there was an insurance waiver for buyers of lots backing onto the course, ie, club not liable for damage caused.

Since the course has opened in the last few months, we are getting bombarded with balls in our back yard. Its a miracle no windows have been hit yet but they is a risk to my kids of being struck by one of these wayward shots ( I narrowly missed been hit while cutting the grass ).

Since I am not located on a course view lot so did not sign any waiver, what could be my course of action ( no pun intended) so my wife and I can feel safe leaving our little ones to run around the yard?

Philip

Golf Ball Torment

It is important to know more about the subdivision in which you live. For example, if the subdivision is billed as housing on the edge of golf it's pretty reasonable that you, as a buyer, would have to suspect that the game of golf might be played nearby.

It seems you were aware of an effort by the Golf club to ensure that potential purchasers were aware of the possibility that golf balls might fly into backyards. It also seems that neither of you thought that houses that weren't immediately adjacent to the course would be affected. I'd check on the disclosures you got from the agents before you inked the deal.

Your best course of action in the immediate future, is to either get a bunch of netting and put it up so that you aren't getting hit by golf balls, or wear a bike helmet while you roam about your lands. This would prevent you from suffering unnecessary damages. The problem you have to overcome is the argument that you knew you were moving into a golf club housing area. Nobody made any secret of this, and so you can only really blame yourself for not becoming more knowledgeable about whether you were just a little too close before you bought the place.

Of course, you could give it a shot...real estate agents have deep pockets and lots of obligations for disclosures! FORE!

Fair enough. But since its down on paper that only course lots are exempt from taking action I still think I have a chance of making the course owners make changes ( ie put up nets ).

Since the course was still being constructed after we moved in , I did not know the layout of the nearest hole ( the tee is on a very high elevation ). Thats why the bad players are so good at hooking shots over the couse lots and on down the street!

I am contacting the course owners next week to see what they have to say.

Stayed tuned

Consult an attorney and ask what your chances of sucess would be under a nuisance theory