Accident at the Canadian Driving Range

[Cedric]

While warming up at the Canadian yesterday, I broke a car windshield in the parking lot with a range ball. Has anyone else heard of this happening, and if so, how was it resolved wth respect to $$$ liability? (Yes, it was a really, really bad shot!)

[Chieflongtee]

Cedric. I would call up my insurance company as I believe this is covered under liability.

[Cedric]

Thanks for the prompt reply Andre. Given the nature of insurance companies these days, that could turn out to be an expensive option in the long haul. I'm wondering if the course should be expected to assume some degree of responsibility, since: 1) The range is right next to the parking lot and 2) the safety net has some good sized holes in it. Also curious as to whether this sort of thing happens at the Canadian with any frequency...

[em69]

It will be cheaper to pay for the new windshield yourself then go through insurance. Especially if you have a deductible.

[alice]

What sort of liability issue is the golf club on the hook for. These days courses seem to be craming in as much as they can for extra revenue. Why would a course like the Canadian put the parking lot right beside the range? Eventually a car is going to get nailed. Is the driving range not the place to practice? We all make bad shots now and then, you would think that the range would be a safe place for a poor shot. NOT!

[Cedric]

A happy Ending! Mark Seabrook from The Canadian has agreed to split the cost of the windshield...very decent of him indeed. Score one for the honest folks :>)

[Andru]

A happy Ending! Mark Seabrook from The Canadian has agreed to split the cost of the windshield...very decent of him indeed. Score one for the honest folks :>)

Note to self. If hitting balls at the Canadian, always miss left.

Good of Mark to do that.

Cheers

[Cedric]

Agreed....on both counts. (but not too far left...you'll risk taking out the folks on the way to the first tee).

[Big_duck]

Note to self. If hitting balls at the Canadian, always miss left.

Good of Mark to do that.

Cheers

Note to self: When playing at the Canadian park "Upwind" of the driving range.

[Chieflongtee]

It will be cheaper to pay for the new windshield yourself then go through insurance. Especially if you have a deductible.

Emery. There is no deductible on liability on a homeowner policy. Another dangerous hole is the 18th at the Chaud. Even though there is a net adjacent to the parking lot I've seen many balls fly through there.
Cedric. Fortunately for you you did not hit anybody.

[mpare]

If you smashed into a car sitting in the parking lot, then I would suggest changing your grip. Maybe the insurer would cover golf lessons as part of a risk management strategy!

[Cedric]

OK Guys, be gentle now...let's remember, I did say in my initial post "It was a really, really bad shot". What I didn't mention was that it actually happened during a lesson...the very first swing with my arms tucked close to my body during the follow-through(as per Nick Faldo's towel drill)! Harder than it looked in the video :>) Seriously, I couldn't agree more...thank God nobody got hurt...it was certainly a dramatic demonstration of the impact energy of a golf ball.

[Rough Stuff]

Don't blame yourself at all. I haven't seen a driving range yet with ALL the balls INSIDE the range. The Canadian should post higher nets, or move the range, but you shouldn't feel at fault at all. Its plain foolishness not to expect one lousy shot.

1st hole and I think 9th at Mont Cascade is like that too. Slicers can nail the cars.

[mpare]

Cedric, I trust you know that I was just kidding. Many of us would be in your shoes too if the configuration of our driving ranges and parking lots were like those of the Canadian. In fact, I suspect that most who read the story probably thought: "There but for the grace of God, go I."

[Cedric]

Appreciate the support...truth be known, nothing short of a covered dome over the parking lot would have saved me from my mile high driver wedge on this particular swing...

[gronker]

Hmm... This is interesting.

So, you were taking lessons at the Canadian? I'm not sure how the canadian works, but was the instructor provided by the Canadian, or do you just call up any instructor and he meets you at the Canadian for your lesson?

The reason I ask is that if the instructor is provided by the Canadian, and he/she gets you to contort your body into what it's not used to (believe me, I've taken enough lessons to know this is what instructors do , and you in turn shank/pull/hook your shot into the parking lot? While it is a nice gesture for the Canadian to go halfsies, IMHO it is their liability at that point.

Just a thought. I'd be really angry if this was the situation. If you got your own instructor, then forget what I just said, and it is good of the Canadian to meet you half way. Although they should have better protection for the parking lot.

What happens in this situation? I was at Stonebridge two weeks ago and toed a 5 iron on #3 (the tee off right beside the swimming pool). I couldn't see where it ended up, but it was a line drive right into a bunch of houses that were being built/finished houses. They all had their windows in, and it was a sheer miracle from the golf gods that I didn't hit a window. But what would happen if I did?

And finally, what the heck is this smiley doing:

It looks pretty rude to me!!

[Kilroy]

And finally, what the heck is this smiley doing:

It looks pretty rude to me!!

ROTFL = Rolling on the floor laughing.

The liability lies with the golfer who hit the ball that hit and damaged the other person's property. This precident has been set many times over. I commend Mark Seabrook at the Canadian for his goodwill donation, since that is what it is. It seems he is interested in keeping customers happy.

[Rough Stuff]

If you broke a window on a house being built? You'd run, of course.

I noticed that Stonebridge had far more houses in the line of fire than any course I've ever seen. I believe that their insurance would be adjusted accordingly. I know living downtown, my apartment insurance used to fluctuate based on the businesses around and below me (kitchens, stoves, etc.)

This one is supposed to be "nodding" :

[Cedric]

It was my own(former/ex/*%@**) instructor...I heartily agree Dan, Mark is being a very good sport about the whole thing.

[Kilroy]

I believe that their insurance would be adjusted accordingly.

Not really, they are not liable for anything. The course does not need any insurance for this. You launch the ball, you are responsible if it breaks something or hurts someone. There could be a window 10' from the fairway. Bad planning, but not the responsibility of the course to insure.
If it happens to you, you may be covered under your own insurance, but that would depend on how your coverage is set up.

[Andru]

Now that I actually think about the Canadian that was a really bad shot!

[Rough Stuff]

No, not the courses insurance, the home owners insurance. My insurance used to go up if I was near a high risk business (stoves operating, bars, etc.)

Contact free legal services at University of Ottawa if you really really need to know.

[Cedric]

No...it was a REALLY,REALLY bad shot.

[spidey]

The liability lies with the golfer who hit the ball that hit and damaged the other person's property. This precident has been set many times over.

This is a generalization. I think Dan should know that each case is judged on the facts and circumstances that occurred.

Liability is determined by negligence, nuisance or breach of contract. If none of these can be attributed to the golfer, then he is not liable. It can be determined that damage is attributed to being an accident. Furthermore, the defendant should make the plaintiff prove that he is not liable. If the car were parked in the middle of the driving range (as an extreme and ridiculous example), then it's highly unlikely that the golfer would be assessed any liability.

Following are some places that you can look at that have some useful info on liability on golf courses and sporting sites in general. All are from Canadian jurisdictions.

As Dan should have done, my recommendation (since I am not a lawyer) is to seek the advice of a lawyer, especially one familiar with golf course liability, before making any assumptions or admitting any liability.

http://www.golfmax.ca/business/golfb...all/legal.html
http://www.winningoffers.com/april00p.htm
http://www.ucalgary.ca/MG/inrm/industry/RM-SPORT.html#A

[Kilroy]

Hmmm Interesting. Sorry about that. I had read somewhere that the golfer was solely responsible for his ball's damage. I will remember to do some actual research before making such statements in the future.

As Dan should have done,

It was Cedric, not me who was in the position of "assuming liability" or not.
I'm just here to spread mis-information :blush

[Cedric]

Speaking of which...Steve's(my victim) windshield has been replaced, I've paid his deductible and Mark is going halfers... works for me. I still feel for Steve when, after finishing his round, he came back to his shiny new PT Cruiser and saw the windshield for the first time. Not a moment any of us would want to have...he told me he's planning to park upwind from now on...

[Rough Stuff]

You never mentioned it was a PT Cruiser! Good for you!

[LBH]

Now just imagine the driver would have been sitting in the car while all of this happened. It could have confirmed what I always said of the PT Cruiser. It's a death mobile!!!

[malfar]

A couple of years ago they didn't even have the net up at the Canadian. I'm surprised this hasn't happened sooner - i always parked back on the Hwy 7 side of the lot to avoid this. There are lots of worse accidents waiting to happen- 11th hole at Mountain Creek for example where an errant slice puts your ball in the middle of the adjacent hwy, with cars zipping along at 60-100km/hr. The results could be fatal ,and I don't think the course would avoid that liability if that were to happen.