Submit your case to start resolving your legal issue. We believe in personal responsibility, Ramseyer said. In November, CPE resident Deborah Hiltzik was on her way to run errands when an unidentified flying object smashed into her windshield. P7_LSMop('p7LSM_2',3,0,100,500,1,1,1,1,0,1,5,1,0,1,0,0,0,100,1); UnderSans, a homeowner assumes the incidental risks when purchasing a home along the golf course. St. Andrew is also part of the lawsuit, which seeks more than $50,000 in damages. Whether a defendant exercised reasonable care is determined by the jury. Or you can find more general information on this topic in FindLaws real estate law and neighbor law sections. Sarah worked as a paralegal for several years after earning her BA in Psychology from University of Colorado at Boulder, and her paralegal certificate from the University of California at San Diego. Weve sold buckets of those balls at garage sales, she said. 317 (1972), the golf club was sued when a child trespassed on to the course and fell into a hole. The person who hit the ball that should have remained on the green. InMaussner v. Atlantic City Country Club, Inc. 299 N.J. Super 535 (App.Div.1997), a golfer who was struck by lightening on the course overcame an attempt to have the case dismissed on summary judgment. If the current policy does not cover such claims, the insurer should provide the Association with a quote for the appropriate insurance protection and such insurance should be obtained. Jury Finds Country Club Liable To Neighbors For Errant Golf Shots the Association should immediately contact its attorneys office and insurance representative to evaluate the claim. "Out of the clear, blue sky came a ball," Adams said. Under these facts, the court of appeals found for the golfer who struck the ball. It's your own risk,'" she said. Most homeowners associations are protected in instances like these precisely because they have built a waiver of liability into the associations documents and under a legal theory known as assumption of risk. The language will typically say something to the effect of owners assume all risks associated with errant golf balls and hereby agree not to pursue any claims against the association, golf club, or any other party other than the golfer. Thus, paying for the damage or filing an insurance claim is often the responsibility of the owner. Legal Responsibilities When Golf Balls Damage Condo Associations The club has told people who complain about damage that the golfer is responsible. Another general concern is damage that may be done by errant golf balls. Library, Bankruptcy It sounds complicated, but it gives golfers a legal opportunity to find and recover their errant shots, when reasonable to do so. errant golf ball damage law Michael Bryant said most homeowners have signed a waiver stating they live along a golf course. errant golf ball damage law florida. sun-sentinel.com/business/fl-broken-windows-golfball-condocol-20110830-column.html, tcpalm.com/story/money/real-estate/2018/04/08/who-responsible-condo-damaged-caused-golf-balls/460606002/, I acquired the services at HD Law Partners several years ago due to a divorce (that was taking 3 years with another law firm) and Ray A. Haas was able to resolve it in no time.Just recently, I needed their help again against my HOA.