lallenflus said:
What is the name of your state? florida
my husband was golfing and the ball he hit broke a window of a house on the golf course. he believes the homeowners insurance should pay for the window.the home owner believes he is liable.who pays ? i see both points of view. please advise.
My response:
Floridian golf course communities almost always have a section in their deed restrictions, easements and covenants that permit golfers to retrieve their errant balls. This section might read: "Every Lot and the Common Area is burdened with an easement permitting golf balls hit from the Club facilities to unintentionally come upon the Lot and for golfers at reasonable times and in a reasonable manner to come upon the exterior portions of the Lot to retrieve errant golf balls." If the Lot is fenced or walled, the documents usually confirm that the golfer must seek the Owner's or Occupant's permission before entry.
In other words, people may enter property to retrieve items such as golf balls, or pets if they do so in a reasonable manner. Tearing down a fence would not be considered reasonable. Every owner of property located on or adjacent to a golf course should become familiar with the applicable sections of the deed restrictions, easements and covenants governing their property.
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, especially for minor damage, may be an impractical task for the homeowner.
So, before acceptance of liability, and before payment for damages, check the homeowner's deed to see if the homeowner "assumed the risk."
IAAL
