Legal Question in Real Estate Law in Florida

reimbursment of repair cost

I live in a house which borders a private (members only) country club golf course. Recently a golf ball hit and broke my window (the culprits escaped immediately - a typical hit-and-run case). I requested a reimbursement of the repair cost from club's management but they refuse to pay. Are they liable for actions of their members?


Asked on 8/03/07, 2:26 pm

2 Answers from Attorneys

Philip Friedman Bonifield, Friedman & Leifer, P.A.

Re: reimbursment of repair cost

Likely, they are liable, but practically, you're out of luck. In America, the general rule (absent statute or contract stating otherwise) is each side pays their own attorneys' fees. I would imagine the cost of the window is less than an hour of most attorney's time. That said, if you are willing to pay to make a point, get a repair estimate for the window and speak to me regarding a demand letter to be followed up with suit f they ignore you or otherwise tell you to go pound sand.

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Answered on 8/03/07, 2:38 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: reimbursment of repair cost

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I do not know that the club would be responsible. The individual who hit the ball probably is, but if you do not know who that was, it would be impossible to say. Many golf clubs will pay minimal damages in order to keep peace with neighbors.

Scott R. Jay, Esq.

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Answered on 8/05/07, 12:44 am


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