Legal Question in Real Estate Law in California
my golf ball vs. tour bus at golf course
While playing at a municipal golf course, my ball broke the windshield of a large tour bus parked in the lot but steps from the fairway. There is a sign ''Park at your own risk'' that I think absolves the city from responsibility. What percentage of responsibility do I bear? I was playing responsibly and did not choose to park a large bus in that spot. The bus company sent a bill to me for $1000.00. Thank you.
3 Answers from Attorneys
Re: my golf ball vs. tour bus at golf course
This question should really be posted under a "torts" or "negligence" category, not real estate law, and if you don't get several useful answers, you may want to re-post under a more suitable heading.
However, here's an opinion from a business and real property specialist:
I think you have a good possibility of winning if you refuse to pay and have to defend yourself in small-claims court.
Under the facts given, you do not seem to have been negligent, and playing golf is not an inherently dangerous activity that imposes strict or absolute liability.
Unless you simply want to avoid the threat of possible small-claims litigation, I think it would be tactically sound just to decline the $1000 demand and see what follows.
Re: my golf ball vs. tour bus at golf course
None. Assumption of the risk is the legal doctrine. The risk is inherent in the game of golf.
Re: my golf ball vs. tour bus at golf course
You should write a letter to the bus company stating that they assumed the risk of a broken windshild when parking the bus at that location. If they does not stop them then you if you have homeowner's insurance or renter's insurance report the claim to you insurance company. they should defend the case for you.
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