In fl is a golf liable if a gold ball hits me on my property adjoining the golf course

UPDATED: Apr 21, 2016

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In fl is a golf liable if a gold ball hits me on my property adjoining the golf course

I was standing in my back yard and a golf ball came through
the air and dropped on my foot

Asked on April 21, 2016 under Personal Injury, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The golf course and golfer are probably not liable, since being hit a golf ball is a known risk of living next to a golf course: by having a house next to the course, you are generally deemed to accept the risk of stray golf balls, and when you accept a risk, you cannot recover compensaton for injuries from it.
There are grounds under which they may be liable--
1) the golf course, if you can show, such as by expert golf-course designer testimony, that a reasonably designed golf course would have a retaining or safety barrier of some sort there, but it would take such expert testimony to try to establish that; or 
2) the golfer, if you can identify him or her and show that he/she was doing something improper--for example, trying to hit the ball into your yard, rather then simply playing the game and the ball went astray
--but it is not certain you'd win, and may not be worth the time and cost of the suit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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