Golf ball damage - who should pay?
Discussion
I was just driving back to work past the golf club (it's the only way) and a ball came thudding down on my bonnet leaving a damn great dent in it.
I stopped and went into the clubhouse and asked to speak with the manager and the assistant manager found out who's ball it was with the CCTV and then took my details and said she'd see if the player was insured and that the Manager will contact me. However, if the player isn't insured which is more than likely then it's apparently my problem. Needless to say I'm not happy paying to repair the damage myself. Why the hell should I, I'm not the idiot who tee'd off towards a main road.
Any advice folks?
I stopped and went into the clubhouse and asked to speak with the manager and the assistant manager found out who's ball it was with the CCTV and then took my details and said she'd see if the player was insured and that the Manager will contact me. However, if the player isn't insured which is more than likely then it's apparently my problem. Needless to say I'm not happy paying to repair the damage myself. Why the hell should I, I'm not the idiot who tee'd off towards a main road.
Any advice folks?
My golf club has a busy main road running adjacent to the 18th and its not uncommon for the slightly less gifted players to swipe a tee shot on there (not me, no never. OK perhaps once or twice in my earlier days 
).
Our club are insured and so pay for any damage. I would be surprised if this club isnt insured as well. Ask them for their details.
). Our club are insured and so pay for any damage. I would be surprised if this club isnt insured as well. Ask them for their details.
swilly said:
Golf Club must surely have some duty of care
I think they should by law have a third party insurance in case of damage.
If they aren't interested perhaps I should threaten to visit their car park and inflict the same damage to all their members cars, that'd be good for business eh!
The club will be insured under Public Liability cover. They have to have this by law.
Suppose it had hit you on the head and killed you or severely incapacitated you?
Your problem? I think not...
What you need to do is go in, ask to see the manager as a matter of urgency. Control the conversation - say that you have a problem that needs to be resolved quickly. Therefore you need their insurance company details so you can make a claim unless they wish to sort the matter privately.
Do not allow any discussion on whose fault it is - they are responsible.
Suggest that the shock was so great that you swerved and nearly hit another car, so the outcome could have been far worse.
Do not shout, but be very clear and control the conversation at all times.
>> Edited by alexkp on Tuesday 9th November 13:45
Suppose it had hit you on the head and killed you or severely incapacitated you?
Your problem? I think not...
What you need to do is go in, ask to see the manager as a matter of urgency. Control the conversation - say that you have a problem that needs to be resolved quickly. Therefore you need their insurance company details so you can make a claim unless they wish to sort the matter privately.
Do not allow any discussion on whose fault it is - they are responsible.
Suggest that the shock was so great that you swerved and nearly hit another car, so the outcome could have been far worse.
Do not shout, but be very clear and control the conversation at all times.
>> Edited by alexkp on Tuesday 9th November 13:45
anonymous said:
[redacted]
Very good point, thanks Alex
I am more annoyed with the needless damage than thinking about the other "what if's"
I'll kick up a fuss if I get no joy from them.
As it was I announced it to the assistant manager in the bar at the clubhouse to an audience of about 25 people. Perhaps a return visit when their car park is very busy!
I haven't got time to trawl round the past cases but this is twigging something in my memory that says this might not be as clear cut as you would think. I'm sure that there is a case involving a cricket club and something similar.....
I think that it might be that the club are only liable if the damage is "reasonably forseeable" if it is reasonably forseeable then the club should put in additional fencing (or whatever) and if they don't they may be liable. If this is one lone pillock doing something daft (off on a frolic of his own - don't laugh it's a legal concept!) then you probably are looking at sueing the individual.
The individual may have Third Party Liability cover themselves under their household contents insurance.
>> Edited by Piglet on Tuesday 9th November 14:32
I think that it might be that the club are only liable if the damage is "reasonably forseeable" if it is reasonably forseeable then the club should put in additional fencing (or whatever) and if they don't they may be liable. If this is one lone pillock doing something daft (off on a frolic of his own - don't laugh it's a legal concept!) then you probably are looking at sueing the individual.
The individual may have Third Party Liability cover themselves under their household contents insurance.
>> Edited by Piglet on Tuesday 9th November 14:32
KentishS2 said:
... said she'd see if the player was insured and that the Manager will contact me. However, if the player isn't insured which is more than likely then it's apparently my problem.
Sounds like she is one hole short of a round. Either the player is liable or is he isn't. If not having insurance somehow stopped you from having to take responsibility for driving golfballs into people's cars ... uhm ... why would anyone buy the insurance?
most golf clubs make golf insurance a condition of membership. i worked at a golf club for a couple of years as an assistant pro and it happened from time to time with cars in the car park. fortunatly the people were either insured of sensible about it and who ever caused the damage paid or claimed with there own insurance.
Piglet said:
I haven't got time to trawl round the past cases but this is twigging something in my memory that says this might not be as clear cut as you would think. I'm sure that there is a case involving a cricket club and something similar.....
I think that it might be that the club are only liable if the damage is "reasonably forseeable" if it is reasonably forseeable then the club should put in additional fencing (or whatever) and if they don't they may be liable. If this is one lone pillock doing something daft (off on a frolic of his own - don't laugh it's a legal concept!) then you probably are looking at sueing the individual.
The individual may have Public Liability cover themselves under their household contents insurance.
My thanks to you piglet and to others for the good advice. I had a chat with a colleague who plays there and he says that the individual will be considered a novice and is unlikely to be insured as what would he insure against as his play will be very variable as he's not a pro and any insurance company would not entertain the idea on an individual basis.
He also said that it is farly common for a ball to hit the road I was on because of how the place is laid out and the location of the holes. There is also no fence the side I was driving along and thus no protection for the public or their property.
vixpy1 said:Wrong. It covers persons injured or damage caused on the property.
Yes, but I believe that only covers the actions of the employees and driectors of the club itself.
We have it here where I live in case our gardener falls over our fence and breaks his leg or something (in case he sues when we've stopped laughing at him), that sort of thing.
I'll check with my old fella (has been secretary of his club)
This wasn't you acting out of revenge by any chance then?
www.thisislondon.com/news/articles/14589475?source=PA
www.thisislondon.com/news/articles/14589475?source=PA
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