Chad_A Posted October 14, 2007 Share Posted October 14, 2007 So, I live near a public Portland Golf Course. About every other day on average, there's a golf ball that comes through my front yard. Some days they bounce off a car, sometimes off my roof, sometimes off the siding of my house. Granted there are stretches of time when everything's quiet, but you all get what I'm saying. I'm getting a few dimples in the sheetmetal of my Cherokee because of it. I called the Golf Course, and they claim that they have no liability, and that it's the fault of the golfer and it's up to them to fess up to it. I told them that that's a load. No golfer would fess up to hitting someone else's property if they knew they hit something, and I'd guess that most of the time they have no idea since they're some-odd hundred yards away when they tee off. I'm thinking of getting my insurance agent involved, and point out a couple of the dents in the hood of my Jeep from the golf balls, and have them go after them. Maybe that will get them to put up some netting or something? I'm sure all of this will fall on deaf ears, but was wondering if someone here on the board would know whom to contact first. The guy who answered the phone at the course tonight seemed to think the Parks and Rec department would be the best place to start "but it will probably fall on deaf ears". Oh well, such is life. Quote Link to comment Share on other sites More sharing options...
underworld Posted October 14, 2007 Share Posted October 14, 2007 i live in seattle and sometimes it rains. usually my car gets wet and sometimes my clothes get wet if i have to walk somewhere. granted, there are days that it is sunny and nice, but the rain is pretty annoying. it's like the clouds don't even care. is there someone i can contact? Quote Link to comment Share on other sites More sharing options...
Chad_A Posted October 14, 2007 Author Share Posted October 14, 2007 Fuck that. I'll stop whining when they stop causing hundreds of dollars of damage to my Jeep. Quote Link to comment Share on other sites More sharing options...
underworld Posted October 14, 2007 Share Posted October 14, 2007 who was there first? you or the golf course? Quote Link to comment Share on other sites More sharing options...
No. 13 Baby Posted October 14, 2007 Share Posted October 14, 2007 Google "coming to the nuisance" and call off the waaahmbulance. Quote Link to comment Share on other sites More sharing options...
geoff Posted October 14, 2007 Share Posted October 14, 2007 I doubt your insurer cares anymore than Underworld but you may try finding out which holes are the ones causing you problems and locate the golfer that owes you for your damages. If the ball made it to your house you can probably make it to the golfer within a short amount of time. Take the ball and get their name. Quote Link to comment Share on other sites More sharing options...
Chad_A Posted October 14, 2007 Author Share Posted October 14, 2007 Now we're getting somewhere, regardless of underworld. Coming to the nuisance is what I was looking for, in effect, and how it works. I did some digging and came up with private nuisance: "A private nuisance is an unreasonable non-trespassory interference with another's private use and enjoyment of land." Also: "owners of land who do not themselves engage in activity constituting a nuisance may nevertheless "be liable for the acts of third parties that create a nuisance on their land" if they both "know that the activity is being carried on and will involve an unreasonable risk of causing the nuisance" and "consent to the activity or fail to exercise reasonable care to prevent it." I guess it just pisses me off that I had a ball break through the side window of my garage and come near to pegging me in the face. I'd follow geoff's suggestion, but the damage to my vehicle happens often when I don't see it. After I wash it, I find a few more dents here and there, and my neigbor's old Super Beetle is starting to look like a golf ball itself, with its many dimples on the panels. Quote Link to comment Share on other sites More sharing options...
billcoe Posted October 14, 2007 Share Posted October 14, 2007 i live in seattle and sometimes it rains. usually my car gets wet and sometimes my clothes get wet if i have to walk somewhere. granted, there are days that it is sunny and nice, but the rain is pretty annoying. it's like the clouds don't even care. is there someone i can contact? ha ha ! Thats funny underworld Quote Link to comment Share on other sites More sharing options...
geoff Posted October 14, 2007 Share Posted October 14, 2007 OK. You may have a case against the GC. Have you written a letter putting them on notice? How long have you lived there? How long has the course been there? Send me an email if you want help pursuing the course. Quote Link to comment Share on other sites More sharing options...
billcoe Posted October 14, 2007 Share Posted October 14, 2007 (edited) How long has the course been there? Longer than most of us have been alive. I'm sure this golf ball thing is wayyyy old. way. As your attorney Geoff, I advise you got get your ass out tomorrow and climb! I'm going to bed, good night. Edited October 14, 2007 by billcoe Quote Link to comment Share on other sites More sharing options...
rbw1966 Posted October 14, 2007 Share Posted October 14, 2007 You're looking for legal advice on a climbing forum? I'm not an attorney but I have stayed in a Residence Inn. Google is your friend. If you are too lazy to do that (might I suggest searching the Oregonian archives? I seem to recall this issue being raised in the local press recently) then here ya go: Did you not know a golf course was there when you moved in? Good luck getting much sympathy on that one. Call your insurance agent--watch your rates go up. And up. And up. Move. Quote Link to comment Share on other sites More sharing options...
Fairweather Posted October 14, 2007 Share Posted October 14, 2007 Just relocate. I hear there's a house for sale over by the rifle range. Quote Link to comment Share on other sites More sharing options...
ClimbingPanther Posted October 14, 2007 Share Posted October 14, 2007 as a golfer, I often hear (and it may not be true) that it does matter who was there first. if you knowingly bought property where that was a risk, then you really shouldn't be complaining. and you know, you could put up a net as well. I've seen so many private nets over the years, and that makes a lot of sense to me. can't be expensive. Quote Link to comment Share on other sites More sharing options...
Chad_A Posted October 14, 2007 Author Share Posted October 14, 2007 Ah, the spray forum. Good for a laugh. No, not looking for legal advice any more than I'd look for good medical advice, here. Just the same as anything else, looking for a bit of insight/info. I did Google search. I'm not good at political rhetoric. I may have gotten shouted at here, but through the bullshit I've gotten what I was looking for. And yes, I knew there was a golf course across the street, but I didn't believe that golfers could be so bad they could clear a street, plus some more distance to hit my property. Go figure. I'd thought that people may have spent a bit of time at a driving range first, heheh. Quote Link to comment Share on other sites More sharing options...
Chad_A Posted October 14, 2007 Author Share Posted October 14, 2007 Oh, and why the fuck would I bother reading the Oregonian? Quote Link to comment Share on other sites More sharing options...
Chad_A Posted October 14, 2007 Author Share Posted October 14, 2007 as a golfer, I often hear (and it may not be true) that it does matter who was there first. if you knowingly bought property where that was a risk, then you really shouldn't be complaining. and you know, you could put up a net as well. I've seen so many private nets over the years, and that makes a lot of sense to me. can't be expensive. That's a good point, and one I might look into, but I have no idea how I would hang up such a net. I'm officially done with this now, as I've been properly put in line by you all, but I did find this post on a legal forum that I've copied and pasted, and this sums up where I was coming from. "I'm sure you know more about the law than I do, but how could the person who hit the ball not be legally responsible? I want to know b/c the way I see it, the golfer has to be responsible. My point being, a homeowner who buys a house on the course does not imply that he/she should expect damage. If this is the case, than a person who purchases a house in a bad neighborhood should expect his/her house to be robbed, therefore it is the homeowners fault not the thief. Or the homeowner who buys a house that is situated on a bad curve in the road should expect a car to crash into his/her house." Quote Link to comment Share on other sites More sharing options...
cj001f Posted October 14, 2007 Share Posted October 14, 2007 Oh, and why the fuck would I bother reading the Oregonian? You might learn something and not sound like a dipshit looking for a handout? Which course? I've got a mean slice..... Quote Link to comment Share on other sites More sharing options...
astrov Posted October 16, 2007 Share Posted October 16, 2007 Chad- I have some useful information for you. Pm me your email address (I've misplaced it) and I'll send it over. Quote Link to comment Share on other sites More sharing options...
ClimbingPanther Posted October 16, 2007 Share Posted October 16, 2007 I'm officially done... "I'm sure you know more about the law than I do, but how could the person who hit the ball not be legally responsible? I want to know b/c the way I see it, the golfer has to be responsible. My point being, a homeowner who buys a house on the course does not imply that he/she should expect damage. If this is the case, than a person who purchases a house in a bad neighborhood should expect his/her house to be robbed, therefore it is the homeowners fault not the thief. Or the homeowner who buys a house that is situated on a bad curve in the road should expect a car to crash into his/her house." aw, don't hide from the spray, just enjoy it for what it's worth you would buy an alarm for your car if you moved into a crappy neighborhood. maybe just look at the net option like something you have to buy to protect your property. good question about the logistics... you may be able to take a drive around the course, look for someone who has a net, and ask where he got it and what to use. Quote Link to comment Share on other sites More sharing options...
Chad_A Posted October 16, 2007 Author Share Posted October 16, 2007 Astrov- check your pm's. CP- I haven't seen any others; I've kept my eye out when I'm on a short-time jog, and have yet to see one. I don't really know anything about this golf course, but I'm guessing I live on a nasty dogleg that sends chronic golfballs over the fence. Oh well, there's always IPA to be had Quote Link to comment Share on other sites More sharing options...
billcoe Posted October 16, 2007 Share Posted October 16, 2007 I know someone who lives across the street from Eastmoreland. They collect a hefty amount of balls every spring in the shrubs. Small consolation prize. Quote Link to comment Share on other sites More sharing options...
AlpineK Posted October 16, 2007 Share Posted October 16, 2007 Get a potato gun and fire over the heads of the golfers who shoot at your house. Always be prepared to return fire Quote Link to comment Share on other sites More sharing options...
ClimbingPanther Posted October 16, 2007 Share Posted October 16, 2007 oh, the other piece of advice I have is... DRIVE A CRAPPY OLD BUICK LIKE ME!!!! Ain't nothin' gonna break my stride, Nobody's gonna slow me down, Oh No, I got to keep on moving Quote Link to comment Share on other sites More sharing options...
kevbone Posted October 16, 2007 Share Posted October 16, 2007 Take pictures and start documenting every time it happens…..then when you have enough (what ever that is?) have your lawyer send them list of the damage. Request reimbursement….plus request them to put up a net and have them pay for it. If your lawyer is good and the letter reads right…..it will be something they will not ignore. If that fails…..move! Or better yet start hitting the balls back onto the course…..consider it driving range practice……. Quote Link to comment Share on other sites More sharing options...
mattp Posted October 16, 2007 Share Posted October 16, 2007 There is a fair amount of history concerning this kind of thing and golf courses HAVE been forced to redesign a hole where the configuration is deemed to "cause" golfers to hit houses or cause other property damage. One thing to consider if you want to sue the City: in Seattle you have to give them notice, in the proper format, in a crazy short period of time or many claims will be barred. I thiink it is 60 days or something. Check with a local attorney. Quote Link to comment Share on other sites More sharing options...
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