Who is liable? My new golfing experience...

[GGnz]

Me and my mate were out playing golf today when he tee'd off on Hole 2 at Chisholm Park in Dunedin. He hooked it big time. We lost sight off it but it went over the road on the foul and all we heard was a big bang. After walking up the side of the fairway, I noticed this Starlet with a hole the size of its bowling bowl through the rear window. Turns out he had hit it on the foul straight through the window.

Just curious as to who would pay out for this. Is it a) the golfer, b) the golf club, or c) the owner (or his insurance)

[B1NZ]

The car owner should have insurance, And If they have full, the glass cover option should cover it

[MINTFX]

Where I play the car owner has to pay for any damaged caused by stray balls. It has a sign "Park here at your risk". I park my car behind a huge shed, makes it out of sight so someone can break into it but its a pretty safe area, just means noone can hit it with a golf ball, unless some seriously shocking goes wrong itll be sweet. I would fel pretty bad if I had hit someone elses car, but depending on the rules of the club he should be sweet.

[deaf_rattle]

as far as im concerned, it would be the same as if you had thrown it at his car.

i wouldve gotten out and made him pay for it on the spot.

Insurance should pay out, but that doesnt excuse your mate for being a lousy shot.

Im sure that the insurance company would chase up on the fact that it was a golf ball and get your mate to pay the costs.

i have seen people riding on bikes, and walking on the foot path nearly getting smacked.

its like saying that if someone gets shot with a stray bullet at a rifle club, its their own fault for being there? dumb.

[wde_bdy]

Where I play the car owner has to pay for any damaged caused by stray balls. It has a sign "Park here at your risk". I park my car behind a huge shed, makes it out of sight so someone can break into it but its a pretty safe area, just means noone can hit it with a golf ball, unless some seriously shocking goes wrong itll be sweet. I would fel pretty bad if I had hit someone elses car, but depending on the rules of the club he should be sweet.

It went over the reoad though. Yes if parked on club grounds with signs then its an accepted risk. If parked on the road you are entitled to expect anyone damaging your car to pay for it.

Callum

[TygerTung]

Run- and fast

[Scotty]

if you park near a sports ground and a car gets damaged from a ball the cars owner has to pay, so i assume it is the same case.

[vvega]

yeah its acidentdental so liability is liminted
if the guy tried to get all nasty bout it just call the cops thell sort him out

v

[deaf_rattle]

thats nonsence.

if that was the case, then what would stop people from aiming at cars?

most people at a young age learnt that if you smash the neighbours window while playing backyard cricket, that you pay for the damage.

but hey if you still havent learnt the fundementals of life then its your lose.

[Loudtoy]

thats nonsence.

if that was the case, then what would stop people from aiming at cars?

most people at a young age learnt that if you smash the neighbours window while playing backyard cricket, that you pay for the damage.

but hey if you still havent learnt the fundementals of life then its your lose.

So your saying that if you hit a ball, it hit a tree and randomly went across the road - through no fault of your own and went through a windscreen then you'd be at fault and have to pay for the damage. It's like with the hook, i'm sure he never meant to do it - and if he did then fair enough he should pay for it - but if not then well bad luck to the guy for having his car there. Sure if it was my car i'd be gutted but i'm not silly enough not to have glass excess buy out on my insurance so it wouldn't worry me - actually i'd probably laugh at how bad the shot was.
Also how do you break a window playing backyard cricket - do you guys use proper cricket balls to play it, down these ways we only use proper cricket balls to train and play the real game with!

[vvega]

thats nonsence.

if that was the case, then what would stop people from aiming at cars?

most people at a young age learnt that if you smash the neighbours window while playing backyard cricket, that you pay for the damage.

but hey if you still havent learnt the fundementals of life then its your lose.

if you say so matt....we all know how you live in reality don't we
i think been golf ball and a car id say we rule out purposeful intent but it really didnt take much of a think to work that out....or perhaps the fact he coulnt even see the car told me

1 wouldve gotten out and made him pay for it on the spot.

"inserts tui add"




v

[deaf_rattle]

ok, little more extreme, but if you fired a gun up in the air and it killed someone 3ks away as it fell, you would be locked up.

same principal.

and cricket... you can smash a window with a tennis ball.

or an orange. or whatever you use. (played many a game at school with fruit)

you can also get those hard foam balls, which will smash glass too.

i broke a window with a packet of jelly once.

You would be surprised what can break glass

[evil_si]

tennis balls easily go thou house windows when belted with a cricket bat, or even hockey stick

id personally be hunting the guy down if it was my window.
he has to take responsibility, other wise every one at the golf couse would be aiming for the road..

[vvega]

ok, little more extreme, but if you fired a gun up in the air and it killed someone 3ks away as it fell, you would be locked up.

same principal.

i smell bulshit
when you sign up for a gun licence you are made aware that you are respnible for the lethal weapon your carring

you also have to have a licece to use it...
las time i checked you dont have to have a licence to use a packet of jelly

matbe he needs to check around where teh car park is to see if there is a sign about liability

surly it would be prudent to find out all the facts before we run off ranting crap...but i guess thats not your style


back down to earth pease matt

v

[deaf_rattle]

haha me not living in reality?

so far im one up on you wayne, should i aim for a second?

[vvega]

when did you get one up ??
lol

co back to your BHG 7M happyness

[alastabesta]

why don't you ask the lawyer...?

I'd say when you're swinging the golf club, you are assumed to be aware that theres possibility of killing people / breaking glass ...etc with it, therefore the duty of care should lie with the person who made the shot over the fence, onto the road and broke the glass. As well as the that, it is also forseeable that the golf ball may fly sideways.

given the presence of duty of care and forseeability, I'd agree with deaf_rattle (or someone can prove me wrong...)

[TRD Man]

If the owner of the car was able to identify the golfer who broke his window he could hold him accountable. It doesn't matter whether there was intent or not. If you break something you are liable for the repair of it.
Most golf club's will have a disclaimer regarding damage that occurs within it's boundaries but members of the public ought to be able to expect that the activities of the golf club, and the dangers associated with them, will remain within those boundaries.
There are two local clubs here which are bounded by residential properties and I know that at least one of them has insurance for 'external' property damage caused by it's members.
This leads me to believe that the club may also be liable.

[vvega]

why don't you ask the lawyer...?



given the presence of duty of care and forseeability, I'd agree with deaf_rattle (or someone can prove me wrong...)

so givin that example one should not play golf as should your golf ball stray and kill or mame some person you would be liable for damages or even a criminal charge ??
i know its a sidestep but as above surely taking all due care to protect yourself..i.e playin in a reconised establisment would indemnafie you from duty of care and resposibiltiy as all due care is/was and has been taken to protect the public at large


i do relise this is a bit extreme as a example but it there would have to be questionable at best



trd man its called public liabilty insnurance and yes they would have to have it

he has yet to answer as to the surrounding of the parked ??? car i.e a disclaimer..

v

[NZ_AE86]

yeah its acidentdental so liability is liminted
if the guy tried to get all nasty bout it just call the cops thell sort him out

v

Opps, it would appear I crashed into your house and did $20,000 damage but as it was an accident liability is limited so I will just be on my way.

If you break/damage someone elses property then you pay, very simple!

There are exceptions but generally this is how it works!