Legal Question in Administrative Law in Florida

While playing golf on a golf course, I sliced the ball and it hit a house that was on the right side of the fairway. My ball broke the window of the house. Who is responsible paying for the broken window. I believe it is the house on the course whose homeowners insurance should cover it, or the golf course itself has insurance for this. I can\'t believe it is the responsibility of the golfer.


Asked on 7/29/09, 10:00 am

1 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

The question I have is why would it offend your sensibilities for a golfer to be responsible for damages when he was admittedly responsible for the accident which caused property damage? The key to your question is "I sliced the ball and it hit a house." I understand it was an accident, and it is true that houses on a golf course can expect a certain amount of risk of damage from flying golf balls, but that in itself does not absolve the golfer from any liability. You should look for some writing which states your responsibility: your club membership agreement and/or policies, the terms of use you either signed or were visibly posted when you paid to play that one game of golf. If there is nothing in writing which addresses liability for such an accident, you cannot force either the home owner or the golf course to use their insurance to pay for the damage. If either or both do use their insurance to pay for the damage, and the insurance does pay, they of course cannot 'double dip' and recover the same damages from you as well. They can require you to pay any repair cost which is not covered by their insurance policies or for the policy deductible they are required to pay. Additionally, the insurance company, after paying directly for any damage, may seek reimbursement from you because you were responsible for the damage.

I noticed that you posted this question in multiple catagories. The proper catagory is probably General Civil Litigation.

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Answered on 7/30/09, 8:04 am
Sarah Grosse Sarah Grosse, Esquire

The question I have is why would it offend your sensibilities for a golfer to be responsible for damages when he was admittedly responsible for the accident which caused property damage? The key to your question is "I sliced the ball and it hit a house." I understand it was an accident, and it is true that houses on a golf course can expect a certain amount of risk of damage from flying golf balls, but that in itself does not absolve the golfer from any liability. You should look for some writing which states your responsibility: your club membership agreement and/or policies, the terms of use you either signed or were visibly posted when you paid to play that one game of golf. If there is nothing in writing which addresses liability for such an accident, you cannot force either the home owner or the golf course to use their insurance to pay for the damage. If either or both do use their insurance to pay for the damage, and the insurance does pay, they of course cannot 'double dip' and recover the same damages from you as well. They can require you to pay any repair cost which is not covered by their insurance policies or for the policy deductible they are required to pay. Additionally, the insurance company, after paying directly for any damage, may seek reimbursement from you because you were responsible for the damage.

I noticed that you posted this question in multiple catagories. The proper catagory is probably General Civil Litigation.

Read more
Answered on 7/30/09, 8:05 am


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