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FBG Lawyer Bat Signal - *ACTIVATED* (1 Viewer)

J

James Daulton

Footballguy
Playing golf today with 21 yr old son.  Said son hits a wedge a tad too hard, flies green, and I hear a muffled impact sound.  There's a fairly busy road right behind the green he flew so I think there's a good chance he hit a sign, guard rail, perhaps a car.  A ranger is sitting in a cart next to me as this happens and I say I wonder if he hit a car.  Nothing happens or anything and we continue on.  A few holes later the same ranger approaches us and says a women had stopped in the clubhouse saying her window had been cracked by a golf ball behind our hole.  Would we stop in the pro shop and give them our name.  We finished our round (I missed 5 birdie putts) and we stopped in the pro shop.  The golf course employee said the cracked windshield lady had left her her name and number and it would be best if we contacted her and handled it.  I asked if it were our responsibility and she said yes.  I gave the golf course lady my son's name and cell number.

I can't say there were no signs indicating it was the golfers responsibility for damage but I didn't see any.  If it's our responsibility I don't mind paying since it's just about 100% that it was my son's ball (although no one saw anything).  I would have thought that golf courses would have insurance for this type of thing but maybe not.

What's the play her FBGs?

 
You park at a golf course, I would think it's her responsibility. That's the risk you take sort of like getting hit by a foul ball at a ballgame.

 
Lady was driving on a road did you guys not read that?

Either way you are responsible for your shots

 
shadyridr said:
You park at a golf course, I would think it's her responsibility. That's the risk you take sort of like getting hit by a foul ball at a ballgame.
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She was driving on a road that ran next to the golf course.  Hit her car as she was driving.  Again, no one saw anything (it was up a bit of a hill and there were bushes) but if she got hit behind that hole it was just about 100% my kid's shot.

 
James Daulton said:
Do I (my kid) have any potential issues beyond getting the windshield fixed?  
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First I'm not a lawyer. :)

Second as far as I know no

Third this was what I was taught over many years of golf by people who do it for a living.  I may have been lied too :)

 
To add. You could argue you did nothing intentionally. Meaning tried to hit one into the street etc

You acted reasonably on the course therefore not liable

 
Aerial Assault said:
Not admitted in Maryland, but in "my" states, yeah, you'd be liable.  Pretty cut and dried.   
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I'm fine with paying for the windshield.  And I feel it's my responsibility, what I don't want to do is pay and open up some kind of other claim from the car owner like she's emotionally distressed or whatever.  If a golf ball cracked my windshield I'd want the hitter or course to pay too.

 
James Daulton said:
I'm fine with paying for the windshield.  And I feel it's my responsibility, what I don't want to do is pay and open up some kind of other claim from the car owner like she's emotionally distressed or whatever.  If a golf ball cracked my windshield I'd want the hitter or course to pay too.
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Ask her to sign a short settlement agreement setting forth the amount of the damage, your agreement to pay that amount, and include language in which the parties mutually release each other from any other claims.  Consult a Maryland lawyer or get some language off of the Internet that you believe is suitable. 

 
Aerial Assault said:
Ask her to sign a short settlement agreement setting forth the amount of the damage, your agreement to pay that amount, and include language in which the parties mutually release each other from any other claims.  Consult a Maryland lawyer or get some language off of the Internet that you believe is suitable. 
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Oh for the love of...

 
Lady will sue course.  A week from now people will be talking about how stupid the net looks that was put up behind that hole. 

So lets take this way way wayyyyy further.  Say the ball hit her car, and she swerved out of control leading to some kind of serious injury.  Barring your son teeing up shots like a total idiot from 100 yards out, I can't imagine he would be liable for any of that.  The course certainly could be.

I am also no lawyer, but golf courses most certainly HAVE to have insurance for that kinda thing, right?

I am actually surprised they even told you it was your responsibility, whether it is or not.  I would have told them thanks and that I am never playing there again.  Total crap on their part.  It's a windshield, your hole is too close to the road, fix it.

 
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Also, this "muffled" sound doesn't sound like a windshield being hit by a golf ball.  Maybe she saw the ball hit something as she was driving by and took this as her opportunity to have someone pay for her windshield.

If it were me, I woulda never given them my info whether I knew it was my ball or not that actually broke a windshield in that manner. 

 
Am I missing something here? Did anyone actually see the ball from your son's club hit this lady's window? If no, then what's the issue. I wouldn't even be sure if i was the one that hit it. I can't find at least a dozen or so shots a round. How do you know for certain he did it?

 
Insein said:
Am I missing something here? Did anyone actually see the ball from your son's club hit this lady's window? If no, then what's the issue. I wouldn't even be sure if i was the one that hit it. I can't find at least a dozen or so shots a round. How do you know for certain he did it?
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Isn't that was she has insurance for?

 
Years from now when your son is a doosh you'll wonder where he learned to behave like a doosh. Sack up and do the right thing. Of course its your responsibility. 

 
Christo said:
Yet, maybe it's not.
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I've played a lot of golf over the past five years. Looking back, I'm wondering how I've been able to afford it. Many courses I've played have signage indicating that players are responsible for any damage their ball might cause. I've asked more experienced players and they told me that courses won't pay for your damage. You hit it, you own the responsibility. 

EDIT: I'm no lawyer, but I would assume that this could vary from state to state. 

 
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Hooper31 said:
I've played a lot of golf over the past five years. Looking back, I'm wondering how I've been able to afford it. Many courses I've played have signage indicating that players are responsible for any damage their ball might cause. I've asked more experienced players and they told me that courses won't pay for your damage. You hit it, you own the responsibility. 
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Many of them lawyers?

 
I'm a lawyer.  My legal opinion is that if you don't take responsibility you and your family are a ####.

 
Christo said:
Many of them lawyers?
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Here's the rub. #### the law. Who cares? You've got an opportunity to reinforce to your son what it means to be a man. A chance to show him what it means to do the right thing. For what? The cost of a car window. Please. Why is this even a question?

 
Hooper31 said:
Here's the rub. #### the law. Who cares? You've got an opportunity to reinforce to your son what it means to be a man. A chance to show him what it means to do the right thing. For what? The cost of a car window. Please. Why is this even a question?
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Still missing the part where they know for certain he was the one that hit the car and not another golfer at another time.

 
For the love of....if he hit the windshield just pay for it...I am so tired of people trying to pass the blame to others.  Why would the golf course be responsible for your son clearing a green onto a road?  

 
To JD, if you know for certain your son hit the woman's windshield then by all means pay for it. All I'm saying is that from what you wrote in the OP, its not really clear what he hit (if anything) or when this woman had her car hit. It'd be awfully nice of you to pay for her windshield when it was that JO in the foursome behind you that bounced it off her car after you and your son were on the next hole.

 
If you hit a baseball back at the pitcher and break his nose do you have to pay for it?

Seems crazy to me it is your sons responsibility. 

 
http://sacramento.cbslocal.com/2013/04/05/call-kurtis-whos-responsible-when-a-golf-ball-hits-your-car/

If you hit a ball and that ball happens to head off and hurt somebody, you are responsible and you have a responsibility to step up,” said attorney Eric Ratinoff.

Ratinoff says while a golfer may be to blame, he doesn’t think that necessarily releases the golf course of all responsibility.

“If the golf course hasn’t at least taken reasonable measures to make sure the golf ball is either stopped with netting, whether it’s high enough or the netting is appropriate enough for the circumstances, then the golf course could be liable too,” said Ratinoff.

If your car is hit near a golf course, Ratinoff says, like Juarez did, go right to the club house and make a claim. He says the golf course should know who is golfing there and they should be able to help you track them down. If the golf course doesn’t help you find the golfer who hit the ball, then Ratinoff says you can make a claim against the course.

 
Hey Insein,

I'm assuming you're not a golfer. The idea that they went into the pro shop and left their name and number is telling. The idea that this would happen and his son wasn't the one that hit the car is just not realistic. 

So why would JD start the thread? My guess is to find out if somehow the golf course might have insurance for just such an occurrence. I get that. Its a natural question for someone that hasn't been through this scenario. He likely won't get an exact answer to that question is it will vary from state to state. That said, I don't think it matters. If he believes his kid hit the care he should have the boy pay for it. 

Fair enough?

 
The pitcher and the third-base coach, to some extent, assume the risk by participating in the event.  Someone driving on a road that happens to be near a golf course does not assume the risk that their car will be damaged by an errant ball. 

 
I hit the ball so far I couldn't see it and it hit a parked vehicle way past the hazards and while I couldn't see it, I heard it. But nobody ran out and chased me down so I had several holes to contemplate this and while doing so I missed every putt but when I passed by the pro shop and was informed I had to pay...suddenly I didn't feel very responsible for the cracked windshield.  

What part did we miss?

 
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