Legal Question in Civil Litigation in California
Errant golf ball damage
Can a golf course be held liable if it fails to erect fences to prevent golf balls from striking cars travelling on a city street? My freind's car was struck on the windshield, in front of her face at eye level. The course claims the golfer is liable but he is a Korean tourist. She is out 1400 for glass replacement. I took a hit on a new Hummer 2 years ago at the same location, causing a minor dent. I couldn't find the golfer and got no satisfaction from the course. Also does the City of Irvine have any liability for allowing a safety hazard like that to exist for years?
2 Answers from Attorneys
Re: Errant golf ball damage
Just got through doing a case on this same type of issue with errant golf balls. It depends on whether the golf course acted negligently in designing the course, including failure to erect a net. They have a responsibility to prevent foreseeable errant golf ball damage. The City has responsibilities, but is not the right direction to head unless you're trying to get a net erected.
Re: Errant golf ball damage
Generally, if a golf course owner should know that golf balls are being hit onto the street, the golf course owner should take reasonable steps to protect motorists. If it does not then it will be liable for the forseeable damage. The golfer is not liable unless it can be shown that the golfer acted recklessly (grossly negligent) or intentionally to cause harm. The mere fact that that a golfer hits a ball out of bounds, does not mean the golfer is liable! An errant golf shot is not negligence! Neither is a foul ball in baseball!
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