Golf/Pitch and Putt Course Liability vs. Neighbouring Properties?

StoryBuuud

I'm a committee member of a pitch and putt course that was built in the 1970s, surrounded by empty fields at the time. One of the holes, the longest on the course, has been in play since then and plays toward the bottom of the course. In the 1990s, a housing estate was built in the neighbouring fields and a number of houses border the back of this longest hole.

Protective netting has been erected on the pitch and putt club's side of the boundary since the 1990s. But for the netting to fully protect the houses, it would need to be far higher than it is at the moment, twice the size of the house. Golf balls hitting these houses is a rarity but does happen from time to time and now one of the homeowners is threatening legal action due to broken slates on his house.

Which party is liable for damages/protecting the houses? Surely the homeowner must have accepted the implied risk of golf balls striking the house when he took up residence in the house in question?

Jim_Hodge

I'm finding it hard to believe that you actually feel the homeowner has any responsibility here.

callaway92

Liability will always come down to the Golf Course/Pitch and Putt Course here

Couple of examples: Ballykisteen Golf Club have had to completely amend their 13th hole to have a massive net all along the right side of it where it is genuinely impossible now to hit out onto the road/houses other side of the road

Ballyheigue Golf Courses' 8th hole was left (with houses just left of it) There was a big net up but it didn't help. The hole has now been removed and moved about 50 yards to the right (par 3)

I'd suggest you guys start looking at layout amendments of the hole/course, as the homeowners wouldn't be any way liable here

NUTLEY BOY

The householder could proceed against the club in the torts of negligence and or nuisance.

It is a classical error to argue that a plaintiff came to a nuisance.

I see no basis for arguing that there is a duty on the part of the householder to take precautions to stop ingress of golf balls from the course.

For interest, see the House of Lords decision of Bolton -v- Stone (1951). Link https://www.bailii.org/uk/cases/UKHL/1951/2.html . Neighbour hit by cricket ball. Club held not liable.

What the pitch and putt club would need to do would be to consider what was reasonable for them to do. Look at GAA, rugby, cricket, golf and other such club grounds. Modern practice is to to erect substantial nets to minimise the overshooting hazard. I think that Stone -v- Bolton would be less likely to be applied today against the injured householder / property !

The sensible thing is for the club to realise is it's potential legal exposure. Agreeing a solution with the householder would show evidence of reasonableness on the part of the club. However, the householder may not expect that every stray is evidence of negligence or nuisance.

callaway92

Could also be a case of no matter what you do, there might just be a case of NIMBY from the homeowners wherein they’ll always have a piss and moan. Even if a golf ball just trickles into their garden they’ll end up causing war for the sake of it

Hence why I think you guys should just look at avoiding as much as possible (probably having their house facing the back of a tee box rather than being somewhere potentially in the line of fire of a ball)