Am I legally responsible for breaking a window of a house with a golf ball if the house is located on a golf course?

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Am I legally responsible for breaking a window of a house with a golf ball if the house is located on a golf course?

Ball hit a tree and hit a window of a house, breaking the first pane of glass. Homeowner came out and I told her it was my ball. I gave her my number. Obviously that was not my intent. Who is legally responsible here in MI to pay for the repairs? I would assume sitting that close to the green on a golf course they should have had some insurance to cover this. I understand morally this falls on me, but legally it falls on the homeowner for living next to the green on a golf course, and they should have insured themselves against this. There is assumed risk with living there.

Asked on July 12, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you are legally responsible to make good with the property owner to repair the window you broke with the errat golf ball you hit regardless of intent to damage the window as a general rule of thumb in this country. Whether the property owner has insurance is not relevant for the cost to repair the damage caused. Most insurance policies have a deductible to be paid by the property owner out of pocket as part of the repair process and claim.

Just because someone owns property near a golf course and there is the possibility of errant golf balls damaging the home, the property owner is not expected to make repairs out of his/her pocket for damages caused by some golfer who has a bad slice.

 


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