Legal Question in Personal Injury in Connecticut

Re: damage caused by golf ball

The town lawyer may be relying on the "original cause" rule in chapter 258 section 10 of the Mass. General Laws. Essentially the town is not the original cause of the accident, it is the golfer with the slice: the town just didn't prevent it (didn't cause it). It would seem this is an occasion where, if you bought comprehensive coverage on your car, you might decide to make a claim for benefits. Of course, your deductible may be more than the loss. If you are self-insured, you are stuck. If you can find out who the golfer is who hit the errant shot you can make a claim which would be covered by his/her homeowners.

There was a case many years ago, Fenton v. Quaboag Country Club, which held the golf club liable for nuisance for errant golf balls entering the land of a neighbor. You could sue the town for nuisance, which is exempt from chapter 258 immunities. There is a case which established that precedent about 15 years ago and you probably want to have a copy of the case when you go to court because not too many people (including town counsel) know about this exception. Good luck. Regards, JBS