Legal Question in Civil Litigation in Illinois
Bad Golf Shot
I was playing golf at a course with homes alone the course. I hit a stray shot that broke a window of one of the houses. Am I liable for the cost of repairing the window? After finishing the round of golf I was informed that there is a sign in the pro shop stating that golfers are liable for any damage to homes located on the course. Can they do that? It was definatly an accident.
1 Answer from Attorneys
Re: Bad Golf Shot
Yes! You are the one who hit the ball, it was your ball that went toward the windwo, and it was your ball that broke the window. You are the proximate cause of the damage, and, arguably, it was your negligence that caused it. At least that is how I would argue against you. Now... from the other point of view, I would argue that the golf course owner was negligent in not having placed fences high enough to prevent ball from going outside the course... Of course, there is also the argument that, if the home owner purchased his house knowing that there was a golf course next to it, then he may also have been coming to a nuissance and to some extent at least has taken on the responsibility that something like that could happen...
Are you being asked to pay for the window? If so, I would recommend you do and put it behind you.
Good Luck.
NBT