Legal Question in Landlord & Tenant Law in California

What can I claim and can not claim against a golf course for a broken car window

Hi,

there is a a golf course near our house. Golf balls are coming from them, and this is a frequent problem. Recently, one of the balls hit my car window and broke it. I want to know what kind of claims can I make. In addition to window, my PDA is damaged because of the broken glass, and I lost lots of time over it, and I had to travel with my car to fix the window. Can I recover all of these costs? The manager agreed to pay the car's window and a one day car rental, but now they are making excuses and they didn't give a final answer yet. If I have to sue them, can I recover these costs in a court or a small claims court? I have enough evidence to prove that they broke the window, including a witness and pictures. I also called the police about the incident, although they didn't come, they have a record of my call too.

Thanks


Asked on 8/05/03, 2:41 pm

2 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: What can I claim and can not claim against a golf course for a broken car wi

Not likely. It is sort of like complaining about airport noise when you buy or rent next to a commercial airport. You are said to have "assumed the risk", in this case, golf ball damage instead of noise. Unless you can show that the particular golfer involved was so terrible, drunk, etc., as to be negligent, there is not a lot you can do except file a claim with your car insurance, etc. It is possible, but not likely, that the agreement you reached with the person to pay that was later reniged is enforceable.

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Answered on 8/05/03, 3:14 pm
Dieter Zacher Law Offices of Dieter Zacher

Re: What can I claim and can not claim against a golf course for a broken car wi

Take them to small claims court. Or, you might consider calling the city and having them inspect the area of the golf course you live near to determine whether they(the golf course) should install fencing/fix existing fencing because it is a danger to the community. Lastly, you can try to get a bunch of neighbors together and sue to have the golf course put up fencing/fix existing fencing as it constitutes a nuisance. Good luck and thanks for inquiring.

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Answered on 8/05/03, 4:46 pm


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