Legal Question in Personal Injury in California
We have a house in Incline Village next to a driving range - our parking lot provides parking for 5 small homes - garages not allowed here - balls hit over the nets have damaged our car twice - there are usually 25 or more balls in our parking lot - the driving range paid for the cost of damages twice - they have put up hihger nets and put signs saying do not hit drivers - our daughters car was hit - they said fine - get estimates - $1900 - we gave them estimates and they say will not pay - because - they have made reasonable efforts to stop the balls flying over - will put up even higher nets this Spring - they say provide us documentation that range is liable - we say the damage done is documentation - the range uses high alltitude balls that fly farther - they do not police of monitor if someone is using drivers - what doumentation is there to show that they are liable??..Lynn Odland
2 Answers from Attorneys
I answered this before but you have given more information. My previous answer still holds true. They have a duty to keep the balls from going over the nets. You should sue them in Small Claims Court for the damage to your car.
But this is also the classic case of you "moving to the nuisance", and since you wanted to be close to the golf driving range for the beauth of the grassy areas, you could be held to have consented to the occasional risk of damage because you wanted to be close to the driving range. I think you could lose in small claims court.
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