another golf ball damage scenario

[rhs648]

I live in Maryland. The ninth tee is located behind my home. My backyard is triangular. Although golfers hit their balls on an angle to keep their balls on the golf course, they are standing and swinging directly behind our house. Consequently, our house and cars have been hit numerous times. Also, we find dozens of balls in our back yard each year. When the golf couse was built, the developer moved our home from what is now the middle of the golf course to its current location. A county government then leased the golf couse from the developer for a public golf course. At first, the golf course reimbursed us for golf ball damages. However, the golf course then told us that they would no longer pay for damages and posted a sign stating that golfers are responsible for damage to private property. Also, the golf course changed the angle of the ninth tee slightly to help avoid stray balls. I understand the concept of "assuming the risk of potential injury or property damage by chhosing to live next to a golf course." However, I wonder whether the fact that the ninth tee is behind my home and whether originally paying for damages and whether the fact that the golf course management is aware of the problem constitutes liabilty on behalf of the golf course?

 

[I AM ALWAYS LIABLE]

I live in Maryland. The ninth tee is located behind my home. My backyard is triangular. Although golfers hit their balls on an angle to keep their balls on the golf course, they are standing and swinging directly behind our house. Consequently, our house and cars have been hit numerous times. Also, we find dozens of balls in our back yard each year. When the golf couse was built, the developer moved our home from what is now the middle of the golf course to its current location. A county government then leased the golf couse from the developer for a public golf course. At first, the golf course reimbursed us for golf ball damages. However, the golf course then told us that they would no longer pay for damages and posted a sign stating that golfers are responsible for damage to private property. Also, the golf course changed the angle of the ninth tee slightly to help avoid stray balls. I understand the concept of "assuming the risk of potential injury or property damage by chhosing to live next to a golf course." However, I wonder whether the fact that the ninth tee is behind my home and whether originally paying for damages and whether the fact that the golf course management is aware of the problem constitutes liabilty on behalf of the golf course?

My response:

Well, you could give it a shot and file a "Governmental Claim for Damages" - - but, that's bound to be "Denied". Then, you'd need to file a lawsuit against the County and the golfcourse management.

Or, you can take the easy way out, and help yourself to mitigate your own damages. You can do this by installing two flagpoles and stringing a net between the two.

This would be far, far cheaper than litigation that would probably produce nothing anyway, and would be quicker.

Remember, as a property owner, you have a duty to mitigate your own damages. Don't just rely on promises from someone else. Take action for yourself, to protect your own property.

IAAL