Legal Question in Personal Injury in California
damages to my home (window) from a golfer
A golfer broke a window in my house with his drive. Does he take full responsability for the damages or do I have any type of implied risk? I can't find a statute that covers this type of damage.
2 Answers from Attorneys
Re: damages to my home (window) from a golfer
Thanks for your question. Unless you can prove it was intentional, you are out of luck. I bet you must have a nice view though, living on the course. The risk of errant tee shots is a risk you knew of/should have anticipated when you bought your place. See if he/she is willing to split the cost of the window...otherwise, report it to your homeowner's carrier...it may be covered. Otherwise, fore-get it.
(sorry about the bad golf humor...)
Re: damages to my home (window) from a golfer
Much like a baseball player hitting a foul ball, it is not uncommon to hit a bad golf shot. This is to be expected by spectators or home buyers close to the action. Thus, homeowners on a golf course assume the risk of errant tee shots and should insure themselves accordingly for any damage. Also, such homeowners should warn their guests of the risk of being hit when they venture out in the yard!! Of course, if the damage was done intentionally by the golfer, then the golfer would be liable.