Who is liable for a golf ball hitting my car?

[-scrumpy-]

I was travelling home last week, driving past a golf club. A golf ball was hit by someone on the golf course, it sailed over the trees/hedge and hit the wing of my car, causing a dent.

The golf club were helpful in that they tried to find out who was playing, but no-one owned up to hitting the ball. The golf club maintina that they are not responsible - but I think they had a duty of care to the public to ensure that balls don't get hit out of the grounds.

What do other people here think? Is the club responsible?

thanks for your help!

[spaced]

its a difficult one. The club cant do much more than find the culprit. If you were to go to a football match and a ball where to hit your face whilst you were having a drink, would you expect the club to pay for the dry cleaning or repairs to your clothes? I think not.

[Ward-Minter]

I doubt very much the Golf Club have corporate liability insurance to cover this. If that is the case, people who chip their car through other means can and will easily claim from the club.

If nobody has owned up, you are fighting a lost cause.

[markja]

i would have thought that the golf club were liable.so i diagree with w-m. surely they have to have public liability insurance or similar. the golfer was on their course, is a member or guest of theirs, and they should have screens/netting that is good enough to protect the public on a public road. what if you'd been on a pushbike, got hit by a ball and fell into the path of a car or lorry? or got hit in the eye and lost your eye?

they must have insurance, getting them to admit liability is a different matter though.

i wish you good luck!

[Ward-Minter]

yes Mark, they will of course have insurance, but for this I doubt very much they are covered. I would say it could be likened to a car chipping up a stone or a trollry smasing into a car at a supermarket carpark. You simply are not covered.

Further, they is a chance that the golf committed a criminal act (Remember criminal damage due to mere recklessness is the same as with intent!). If that is the case, no company would insure against others actions. The premium (if such a premium exists) will be billions.

If the thread continues i will ask the Club manager at my local on Thursday. I think I know the answer already though.

[-scrumpy-]

Thanks for the response so far. I'd be interested to know what your local club manager says on Thursday.

[Jay70]

Spaced - There is a slight difference with your analogy and the given situation. If you were watching a football match you would have chosen to go there and would be more aware of the posibilty of an accident and would be there at your own risk. I seem to remember on motor racing tickets there was a note stating ' Motor racing is dangerous'. If a public highway passes a golf club then you cant really expect to dodge low flying golf balls as adequate safety measures should be in place to prevent this. This could have caused a bad accident. The A303 passes an MOD training ground but you dont expect to dodge tank shells when passing.

[markja]

jay, INCOMING!!!! but it's not our fault. ha ha