Errant Golf Ball Damage? Here’s Everything You Need to Know
Every golfer, at one time or another, has experienced this one specific moment of fear and uncertainty.
This specific moment happens when a bad shot turns worse. A bad shot that laughs in the face of most bad shots. Not a shot that misses the fairway, finds the water, or innocently sails out of bounds.
The moment you realize your shot is just milliseconds away from crashing through a window or knocking another golfer unconscious is the moment you regret not being an expert in the laws of property damage. Oops.
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If you’re on the delivering end of this exchange, the laws are usually in your favor, and they’re pretty elementary. Think: I was here first.
“This is something that can vary from state to state, and on a case-by-case basis, but, more often than not, it is the homeowner who ends up assuming liability,” Ben Michael, Attorney at M & A Criminal Defense Attorneys told GolfLink. “The reason behind this is that in most cases, golf courses are already present when a homeowner either builds their home or moves into a home along the edge of a course. Therefore, the homeowner chose to live where this kind of damage is probable.”
Errant golf shot breaks a window
Michael added “If it was the other way around and a golf course was built next to a home that was already there, the argument could flip around and the golf course might be held liable. In most cases, unless the golfers were intentionally aiming at a house, they won’t be held liable.”
If your errant golf shot causes property damage to a home adjacent to the golf course, you probably have no responsibility to cover that damage, so long as you didn’t hit the house on purpose.
If you're the homeowner, this is probably not the answer you're searching for. The good news is, your homeowners insurance may help. The bad news is, depending on your deductible and the cost of the damage, you could be better off simply paying out of pocket.
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What Should You Do if You Cause Property Damage From an Errant Shot?
Even though you may not ultimately have the financial responsibility for covering property damage caused by your slice, the upstanding thing to do is admit to the mistake. If you want to avoid a direct confrontation with the property owner, we can’t blame you, and reporting it to the course is a great alternative.
“If a golfer causes property damage, they should take responsibility for their actions by contacting the golf course owners or operators to inform them of the incident, as well as any victims of the errant shot,” said Keith Sant, Head of Property Acquisitions for JiT Home Buyers. “By doing this, it allows the golf course to take necessary steps to ensure that similar incidents do not occur in the future.”
Injury from Errant Golf Shots
Not every golf course is surrounded by houses, but almost every golf course has golfers on all sides of you, especially during prime golf hours. So what happens when your errant golf shot hits and injures another golfer on the course?
Just like when you hit a house, usually nothing.
The explanation is similar. As a golfer, you accept the risk of errant shots hitting you on the course.
In order to be clear of any legal action, golfers who hit errant shots must not be “negligent, reckless, or acting with intent” according to Trantolo & Trantolo law.
To cover yourself, make sure to always yell “FORE” when an errant golf shot even has a remote possibility of hitting somebody, and never hit towards other people intentionally.
Exceptions to the Rule
Like any good golf rule, there are a few exceptions to the general rule of thumb.
The biggest exception to these rules is intent. If you intentionally or recklessly hit golf balls that cause damage or injury, expect to wind up in trouble.
Also, when a home predates the golf course, the roles are flipped, and the golf course must take responsibility because it encroached on the existing home, not the other way around.
Finally, when a golf course is routed so poorly that it puts the property at unreasonable risk, the course assumes responsibility for property damage.