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Arizona Real Estate Law
by Christopher A. Combs
The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.


Golfer Liability for Danger

Question: The back yard of my home in Mesa is on the fairway of a golf course. We occasionally have golf balls break windows in our home, and one time I was struck on the leg by a golf ball. I understand that I may not get the golfer to pay or may not even be able to identify the golfer, but technically and legally, who is responsible for paying the cost to fix my window or the cost of my medical bills?

Answer: The reward of living on a golf course is the beautiful view, but the risk is damage to your home or person by an errant golf ball. Therefore, except in extreme circumstances, you will have to pay the cost to repair your broken window. An extreme circumstance may be if a “hacker” is attempting to hit over your house onto the green but his golf ball breaks your window.

In regard to injury to your person, however, a golfer is required to yell “fore” before striking a golf ball if an individual is within the golfer’s striking range. The striking range of individual golfers varies greatly. For example, Tiger Woods may have a striking range of 15 degrees in front of him up to 350 yards, while a “hacker” may have a striking range of 120 degrees in front of him up to 240 yards. Therefore, if you are injured in your back yard by a golfer who did not yell “fore,” that golfer may be liable to you.


Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission.
Copyright 2004, all rights reserved.


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