<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Ef21:
While driving on a street adjacent to a golf course which has no fencing my car was struck by a golf ball and created a dent. I went to speak with the manager of the course and he claims no liability and told me that it is the person who hit the ball who is liable. This person is impossible to find. Do i have a case against the Golf Course???<HR></BLOCKQUOTE>
My response:
The golf course owner has a duty to design a golf course that minimizes the risk players or non-playing bystanders will be hit by golf balls (e.g., by proper alignment or separation of tees, fences, fairway and greens), or to provide protection (e.g., barrier of trees) where the greatest danger exists and where the occurrence is reasonably foreseeable. [Morgan v. Fuji Country USA, Inc. (1995) 34 Cal.App.4th 127, 134-135, 40 Cal.Rptr.2d 249, 253]
It was reasonably foreseeable that a player would hit a ball into the street, and strike a vehicle. Therefore, it was negligent of the course owner not to protect against such a foreseeable occurrance.
Sue the owner.
IAAL
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