Car hit by golf ball, liability?

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W

Whisper

Diamond Member
Feb 25, 2000
5,394
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As I was driving along a public road that skirts a city park golf course, I heard a loud thud and saw something bounce off the hood of my car. I didn't stop immediately, as I at first thought something had fallen from one of the trees along the road (happens fairly often). After a few more moments, I realized that it was in fact a golf ball rather than some errant pine cone. I got out to survey the damage, and noticed a beautiful new quarter-sized dent, complete with white scratch, right below one of my windshield washer fluid nozzles.

There is no netting and there are no fences along the road to prevent this kind of accident, although it's the first time I've heard of it happening around here. Given that there's no way to find the individual golfer at this point, is the golf course at all liable, or is this just a cost my insurance company will have to eat?

This is in Louisiana if it makes any difference.

Cliffs:
-Driving on public road
-Car hit by golf ball
-Course liable?
 
M

MikeMike

Lifer
Feb 6, 2000
45,885
66
91
you were on a PUBLIC road, assuming all possible risks... driving by a golf course...

no fault... you will spend $90 to get it fixed.
 
W

Whisper

Diamond Member
Feb 25, 2000
5,394
2
81
IHateMyJob2004 said:
This has gone to court before. The golfer is not liable. Don't think the course is either.
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Yeah, that's what I figured (and what an initial quick Google search revealed), but thought I'd ask anyway just to be sure I hadn't missed anything.

I didn't initially think it'd be anyone in particular's fault unless it could be proven that the golfer did it on purpose, so I didn't have high hopes. Oh well. Given the number of door dings I've already gotten, this new dent should fit in nicely.
 
vshah

vshah

Lifer
Sep 20, 2003
19,003
24
81
if you look closely, there may be a tiny little sign as you start to pass the golf course stating "drive at your own risk" or something. had this happen a while back, just lived with the dent. then some crazy person backed into the exact same panel, so it had to be replaced anyway.
 
EagleKeeper

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,589
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If a golfer is good enough to target your moving vehicle with a golf ball; sign him up for the pros :)
 
W

Whisper

Diamond Member
Feb 25, 2000
5,394
2
81
Common Courtesy said:
If a golfer is good enough to target your moving vehicle with a golf ball; sign him up for the pros :)
Click to expand...

Indeed. If he/she did it on purpose, I'd probably be more impressed than upset.

And thanks for the link, astroidea; I didn't know if those things actually worked, so it's good to know it's an option.
 
L

Lifted

Diamond Member
Nov 30, 2004
5,748
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IHateMyJob2004 said:
This has gone to court before. The golfer is not liable. Don't think the course is either.
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Wrong. IANAL, but even I know that this would be dependent upon local laws, the judge's mood that day, and how connected the golfer is. :D

If anyone damages anything by accident, they are responsible for it unless a law states differently. If they damage something on purpose, that is criminal and totally different. I can guarantee there are not many (if any) localities in the US that state golfers are exempt from standard personal responsibility laws.
 
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W

Whisper

Diamond Member
Feb 25, 2000
5,394
2
81
Unfortunately at this point, I don't know that there's any way to find the golfer in question.

Ahh well, live and learn.
 
P

Pardus

Diamond Member
Jun 29, 2000
8,197
21
81
This happened to me when i was driving though a constuction site and they were putting down new road at the time. The machine that smooths down the asphault kicked up a rock that shot like a bullet across to my car and put a dent in the door.

The crew was privately hired though the city, i took them both to small claims court to have the reapirs fixed, was almost $600 as it involved a lot of labor/time to remove the door, fix the dent, repaint and so on.
 
S

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Whisper said:
Unfortunately at this point, I don't know that there's any way to find the golfer in question.

Ahh well, live and learn.
Click to expand...

There's normally signs at the course saying you are responsible for any damage by errant shots.
 
GagHalfrunt

GagHalfrunt

Lifer
Apr 19, 2001
25,284
1,998
126
The answer is "it depends". On a golf course the player isn't liable because the other golfers assume the risk by willingly being there. Houses along the course the golfer generally isn't at fault because buying a house along the fairway the owner assumes the risk. Public roads are something else entirely and there isn't a definitive answer. Some jurisdictions will hold the course liable and force their insurance to pay, some will hold the golfer liable and some will not hold anyone liable. You need to contact a lawyer in your specific area to see if there is any precedent set in similar cases.
 
M

MikeMike

Lifer
Feb 6, 2000
45,885
66
91
rudeguy said:
how the F did you hit a house? I'm a terrible golfer and never managed to hit anything worse than someone else' cart.
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there are an insane number of courses that have houses lining the fairway... one back near my parents house has them set about 20 yards off the fairway...
 
S

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
MikeMike said:
there are an insane number of courses that have houses lining the fairway... one back near my parents house has them set about 20 yards off the fairway...
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Correct. Never, Ever buy a house 150-250 yards on the right side of the fairway. You're asking for it.
 
waggy

waggy

No Lifer
Dec 14, 2000
68,143
10
81
IHateMyJob2004 said:
This has gone to court before. The golfer is not liable. Don't think the course is either.
Click to expand...

wrong.

if he was on the golf course property you are right. You take that risk when you get on it. though as spidey said you can get nailed if you hit someones house.

but driving down a public road you don't expect a ball to fly out and hit the car. You can go after the golfer and perhaps the course.

though it may be to late now.
 
God Mode

God Mode

Platinum Member
Jul 2, 2005
2,903
0
71
If you can't get fair action from the golf course company, find the owners car and repay back 10 fold. ;)
 
mafia

mafia

Golden Member
Jul 10, 2008
1,671
3
76
What if you were driving in a convertible by a golf course and one of the fly balls lands on your head while driving the speed limit (lets say 50mph)?
 
Newbian

Newbian

Lifer
Aug 24, 2008
24,779
882
126
Time to get the golf course to pay up for you and for nets where the public roads are so close like that.
 
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