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Who is responsible for damaged caused by golf balls?

Who is responsible for damaged caused by golf balls?

by DeVore Design, April 16, 2018

Question: My condo window was broken yesterday by a golf ball, and the guy who did it admitted to the ball being his and later backed out leaving us to figure if the condo association is responsible or if we are. We seem to have both the golf course and our condo association not wanting to take responsibility for broken windows or damaged vehicles, but the fence isn’t built tall enough or protected with netting to keep the balls off our area.

Thank you in advance for any help you may be able to provide me with. I have heard if the golf course was built first it’s supposed to be the association’s responsibility to cover common areas, and vice versa. – V.A., Stuart

Answer: Florida is a golfer’s paradise. In just Miami-Dade County, Broward County and Palm Beach County there are more than 300 golf courses. This translates to more than 500,000 golf balls that are propelled into Florida skies, many of which do not fly in the direction that the golfer intended. The one thing that I learned the last time I played golf was that most golfers are not very good at golf! When you couple that with the fact that most golf courses are surrounded by homes and condominiums, there is an inherent recipe for disaster. Windows get smashed, cars get dented and people get hurt by errant golf balls every day.

So, who is responsible when an errant golf ball finds its way onto your property? Unfortunately, the answer is not clear.

Generally speaking, the association and the golf course are likely going to be protected from liability under your condominium and/or homeowners association documents. Usually, there is language in the documents that provide that owners assume all risks associated with errant golf balls and agree not to make any claims against the association, developer, golf club or any other party other than the golfer who caused the property damage or personal injury.

However, if the issue only began after the course made changes to the design, there is a possibility you may be able to recover your damages and to force the golf course to take action.

This leads us to the next question about the liability of the golfer who hit the offending golf ball. While, ideally, golfers are supposed to contact owners when they cause damage, most do not.

Unfortunately, it is often very difficult to find the golfer who is responsible for the damage and, even if you do, you would have to prove negligence against the golfer and show that he or she failed to use reasonable care. If the golfer is playing “normally” and just hit a bad shot, there may not be enough to prove negligence under most circumstances. Keep in mind that when bringing a claim, the legal burden is going to be on the damaged party to prove the negligence and the underlying facts may not be as clear cut as it might seem at first blush.

If you live along a golf course, your best bet is to check your homeowner’s insurance or auto insurance to see what is covered. Also, depending upon what is in your association documents, you can also inquire from the board about whether you can put up netting or another barrier to protect your home. Finally, you should always check with an attorney experienced in Association law to look at your association documents to give you further advice that is more specific to your community and your personal situation.

Editor’s note: Attorneys at Goede, Adamczyk, DeBoest & Cross, PLLC respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, civil litigation, estate planning and commercial transactions.

Harris B. Katz, Esq., is managing partner, Boca Raton of the Law Firm Goede, Adamczyk, DeBoest & Cross, PLLC.

© 2018 Journal Media Group, Harris B. Katz