Wednesday, April 27, 2022

"The backstory behind the lawsuit that netted a family $5M after their house got pelted by golf balls"

Here's one write-up without context:

A Kingston, Massachusetts, family was awarded nearly $5 million after golf balls caused thousands in damages to their home.

The ... family has lived near fairway 15 on the golf course located on the Indian Pond Country Club since 2017.


When asked why the family does not move out of the home to avoid the potential for damages, their attorney says, "it would be impossible to sell the house with that type of situation. The problem had to be solved."

And here's an explanation:

“The lot was developed and laid out on a subdivision plan before the golf course was designed and constructed and the current principal/owner of the entity that owns the course is also the principal of the entity that developed the lot. Before my clients purchased the home from the builder, according to the builder a ball had broken a window, and the builder was told that it was an isolated issue by the course owner and would not happen again.

“In Massachusetts, under the current law, to the extent that the ordinary use of a golf course requires land beyond the course boundaries to accommodate the travel of errant shots, it is incumbent on the golf course to acquire either the fee in the additional land itself, or the right to use the additional land for that purpose.


“the course’s own website provided a description of the hole that encouraged players to try and cut the corner over a sand trap and reach another area which is significantly closer to the ... home and placed all of it in play from errant balls. In this case, the [homeowners] repeatedly asked for help from the course owner before hiring an attorney or bringing a suit. They even obtained a proposal to install a net on their property and a second near the tee.