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  1. #1
    Join Date
    Feb 2015
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    9

    Default Damage to a Home from a Nearby Golf Driving Range

    My question involves an injury that occurred in the state of: Colorado

    We bought a new home two years ago in a nice neighborhood. This is a golf course community and our home backs up to the driving range. We have a six foot privacy fence...then there are some tall trees planted...then what appears to be about a 20 to 30 foot net to help stop the balls.

    When we bought the home, the seller said that an occasional ball would come into the yard or hit the house, but certainly not a regular occurrence. Last year was not too bad, but this year balls are flying into our home on a weekly basis. We have around 15 or more ball "marks" on the house...luckily one of the windows have not been hit yet. We are a little scared to sit on our back patio for fear of being hit by a ball.

    It does take a big hitter on the range to hit it over the net, but they are there and are doing it. Especially when the driving range moves the tees forward, which makes it easier to hit over the net.

    My feeling is that the range is not long enough..and therefore they need to install a much higher net. I believe they need about a 50 foot net or more to help stop these balls.

    The golf course and driving range were here before the home was built. So I do know that probably goes against us...knowing that there was a driving range behind our home. Should the golf course take more responsibility for it being too short and not having a high enough net to stop the balls?

    This is a city owned golf course as well.

    Thanks for your advice.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Golf Driving Range - Home Damage

    Quote Quoting spaceace414
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    The golf course and driving range were here before the home was built. So I do know that probably goes against us...knowing that there was a driving range behind our home. Should the golf course take more responsibility for it being too short and not having a high enough net to stop the balls?
    No.

    The golf course has no responsibility.

    I handled many claims like this during my career as a claim rep.

    You bought a golf course property.

    You assumed the risk of your home getting hit by golf balls.

    It's that simple.

    You can put up a net barrier in your back yard if you want to.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Golf Driving Range - Home Damage

    let's see;

    Golf range was there before home was built

    you were aware of balls entering the yard or even hitting the home before you bought but you did go ahead and purchase the home

    those two issues defeat almost any claim you have but, there is one issue that may give you some traction here:

    you said something about them moving the tees. Basically, if they alter the situation present when you bought it and it causes an issue, you have an argument (and depending on the exact circumstances it may be a very weak one or one a bit stronger) that the alteration caused a greater hazard and the alteration itself is not allowed.

    Think of it this way: if the tee off point of the range was nearest your house you would not expect any balls but an exceptional few to ever head towards your house. Now let's say they turn the range around and do not move the tee point far enough away to prevent balls from constantly hitting your house. You would have a good argument that although you are on a range, the alteration is the hazard and not the general presence of the course.

  4. #4
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    Mar 2013
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    18,340

    Default Re: Golf Driving Range - Home Damage

    Quote Quoting jk
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    you said something about them moving the tees. Basically, if they alter the situation present when you bought it and it causes an issue, you have an argument (and depending on the exact circumstances it may be a very weak one or one a bit stronger) that the alteration caused a greater hazard and the alteration itself is not allowed.
    It's an interesting point but I think what it comes down to is this. The golf course had no duty to put up trees as a method of protecting nearby homes in the first place. So no liability was created by removing them.

  5. #5
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    Jan 2006
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    38,867

    Default Re: Golf Driving Range - Home Damage

    Quote Quoting adjusterjack
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    It's an interesting point but I think what it comes down to is this. The golf course had no duty to put up trees as a method of protecting nearby homes in the first place. So no liability was created by removing them.
    but if they alter the status quo and create a hazard, they cannot stand behind the assumed risk argument since there was no risk to assume for what is created by the alteration.

    look at the situation I wrote about with turning the driving range around./ I'll make it a bit more extreme to make it clearer.

    they simply turn the direction of the drive around without providing for the balls to even possibly land on the course property. Using your argument the assumed risk of living beside a gold course removes any action available to the home owner.

    while they had no duty to put up the trees, once they did they created a condition that the purchasers depended upon. Removing the trees alters the risk factor and since it is already owned, one doesn't get to argue it is all covered under assumed risk.

    but I didn't see where the trees were removed. What change I saw was the course moved the tees for the driving range to a point closer to the OP's house. So, since the course altered the source of the risk, there is no assumption of risk since now the home owner was there first.

  6. #6
    Join Date
    Feb 2015
    Posts
    9

    Default Re: Golf Driving Range - Home Damage

    Moving the tees forward is basically part of how the driving range works. This gives the grass time to grow (where the tees were the previous day, week, etc). They did not build a new area to move the tees to.

    Okay, you guys basically solidified what I initially thought, but it didn't hurt to ask. I may go up and talk to the Manager of the course and see if there is something we can work out (helping to pay for a higher net, etc).

    Thanks for the feedback everyone. I appreciate it.

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default Re: Golf Driving Range - Home Damage

    spaceace414;900624]Moving the tees forward is basically part of how the driving range works. This gives the grass time to grow (where the tees were the previous day, week, etc). They did not build a new area to move the tees to.
    then if this is typical activity, you have no recourse at all.

    of course nothing prevents you from speaking to the operators to see if there is something they can do to help alleviate the problem. Sometimes a bit of discussion goes a long way.

  8. #8
    Join Date
    Mar 2013
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    18,340

    Default Re: Golf Driving Range - Home Damage

    Quote Quoting jk
    View Post
    but if they alter the status quo and create a hazard, they cannot stand behind the assumed risk argument since there was no risk to assume for what is created by the alteration.

    look at the situation I wrote about with turning the driving range around./ I'll make it a bit more extreme to make it clearer.

    they simply turn the direction of the drive around without providing for the balls to even possibly land on the course property. Using your argument the assumed risk of living beside a gold course removes any action available to the home owner.

    while they had no duty to put up the trees, once they did they created a condition that the purchasers depended upon. Removing the trees alters the risk factor and since it is already owned, one doesn't get to argue it is all covered under assumed risk.

    but I didn't see where the trees were removed. What change I saw was the course moved the tees for the driving range to a point closer to the OP's house. So, since the course altered the source of the risk, there is no assumption of risk since now the home owner was there first.
    None of that flies when you understand that the hazard of flying golf balls was there from the getgo and the purchaser accepted that risk when purchasing the property. That's what the 20' or 30' net is designed for. The routine changes in landscaping or layout don't create new hazards or make the existing hazard any worse than it already was.

  9. #9
    Join Date
    Jan 2006
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    38,867

    Default Re: Golf Driving Range - Home Damage

    Quote Quoting adjusterjack
    View Post
    None of that flies when you understand that the hazard of flying golf balls was there from the getgo and the purchaser accepted that risk when purchasing the property. That's what the 20' or 30' net is designed for. The routine changes in landscaping or layout don't create new hazards or make the existing hazard any worse than it already was.

    you can attempt to alter my statement but it does nothing to change what I said and that is if the golf course alters the status quo so there is a new hazard, the doctrine of assumed risk may not be applicable. After the OP explained the the change of the tee location is a normal and regular activity I did state there is no argument based on an alteration of the course but that does not remove the fact that if there is a change that would institute a new risk, then since the OP already owns the home, assumed risk is not always going to be applicable.


    yes, flying golf balls based on the course as it is. If that changes, the risk changes and as such, whether the new risk qualifies to be an added risk or simply a continuation of the already existing assumed risk must be assessed. You don't get a get out of jail free card for all risks. New risks require assessment.

  10. #10
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Golf Driving Range - Home Damage

    What does this have to do with assumption of risk...OP is not on course playing golf or even parking in gold club lot and aarently this is not a rare stray ball but a known problem that management has failed to correct via moving the tees way further back and or much improved netting ..and OP might consider putting managemt on clear written notice of the increased problem?

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