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Golf Ball Damage Liability in Canberra?

By ArandaBill - 24 May 2012 30

Who is liable for damage by errant golf balls to property adjacent golf courses – the golfer, the course owners or the adjacent residents? 

Is there any Australian case law or experience? Who is liable if a person on an adjacent property, or roadway, is injured by a golf ball hit from the course?

Does the frequency of damage caused by errant golf balls make and difference (as suggested in UK case law).

How do golf clubs around the ACT respond to their neighbours?

What’s Your opinion?


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Golf Ball Damage Liability in Canberra?
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poetix 3:09 pm 25 May 12

djk said :

poetix said :

He writes English in the way David Gower used to hit a cover drive.

Infrequently??

Beautifully.

http://www.guardian.co.uk/sport/2007/apr/01/cricket.features

shirty_bear 2:49 pm 25 May 12

dtc said :

HenryBG said :

You were mad buying a house adjacent to a golf course.

I presume that applies to people who live next to a road when a car crashes through their front wall?

Yeah, good call … I always buy the golf balls with steering wheels on them too.

dtc 2:36 pm 25 May 12

HenryBG said :

You were mad buying a house adjacent to a golf course.

I presume that applies to people who live next to a road when a car crashes through their front wall?

HenryBG 1:58 pm 25 May 12

Mysteryman said :

fnaah said :

Why does anyone necessarily have to be “liable”?

If you buy a house next to a nature reserve, you might see a few more snakes. If you walk under a coconut tree, you might get hit on the head. You walk next to a golf course, you can probably expect a few stray balls over the fence. You buy a house with golf course frontage, you can expect a much more intimate relationship with your local glazier.

The course may have a responsibility to at least go to an effort to stop the majority of balls going out of bounds, but there is no way they can be expected to be responsible to stop every single one. Similarly, a golfer can’t be held responsible for the odd stray shot. Sometimes, shit just happens.

You’re joking, surely. Someone is “liable” because their actions resulted in the damage of someone else’s property.

Only if it was foreseeable. I would expect the golf course indemnifies its members

poetix said :

Also, the injunction against cricket wan’t upheld, although some damages were paid.

That’s reassuring. Except for the bit about damages. The court should have ordered the whingers move out and go back to wherever they came from.

You were mad buying a house adjacent to a golf course. Having bought it, you could take steps to protect it. I’m sure the Golf Course will be happy to assume some responsibility, too, if you give them an itemised list of damage with dates so they can understand the scale of the problem.

I lived in a townhouse adjacent to a golf course for while right on one of the holes – I think I found the odd golf ball around the place every now and then, but never found any damage, so I suspect either you are exaggerating, or somebody has it in for you.
(I did have to rush out there with buckets of water one night after the local ferals doused the green in petrol and set it alight. Yes, it was in Kambah. No, I didn’t stay there long.)

djk 1:48 pm 25 May 12

poetix said :

He writes English in the way David Gower used to hit a cover drive.

Infrequently??

Holden Caulfield 1:17 pm 25 May 12

poetix said :

He writes English in the way David Gower used to hit a cover drive.

I doff my hat to you madam.

Mysteryman 1:00 pm 25 May 12

fnaah said :

Why does anyone necessarily have to be “liable”?

If you buy a house next to a nature reserve, you might see a few more snakes. If you walk under a coconut tree, you might get hit on the head. You walk next to a golf course, you can probably expect a few stray balls over the fence. You buy a house with golf course frontage, you can expect a much more intimate relationship with your local glazier.

The course may have a responsibility to at least go to an effort to stop the majority of balls going out of bounds, but there is no way they can be expected to be responsible to stop every single one. Similarly, a golfer can’t be held responsible for the odd stray shot. Sometimes, shit just happens.

You’re joking, surely. Someone is “liable” because their actions resulted in the damage of someone else’s property.

DrKoresh 12:31 pm 25 May 12

All this victim blaming, it’s disgraceful and so stupid, I mean it works both ways too. Did the original golf course owner not realise they was building in/near a residential area and that they may be liable for damage caused by the odd errant golf ball?

I certainly think it’s worth going down to the club to see if they’re willing to help pay for the repairs. You’re probably not the first to have this happen to them, do you have any neighbours you can query on the matter?

shirty_bear 11:56 am 25 May 12

ArandaBill said :

Is hitting a golf ball out of a course any different to throwing stones, firing a rifle or launching any other missile at someones home?

Vastly different. So different that I’m troubled the question would be conceived, let alone asked out loud.

Did you not see the golf course there when you moved in?

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