The Grand Strand area – Myrtle Beach in particular – has been well known for its multitude of golf courses. Over the years, more people have moved to Horry County and more housing has been built around the scenic courses that have remained in operation. Those that build, buy, and live in residences around golf courses accept the risk of stray golf balls in order to enjoy the view of the greens and surrounding natural areas.
Recently, a resident in the River Oaks community of Horry County experienced some property damage due to errant golf balls. They were unaware of the liability as reported in this WMBF News article on August 17th, 2020:
Stray golf balls causes property damage in River Oaks communities; golf course not responsible
Attorney Dalton B. Floyd Jr., founder of The Floyd Law Firm said, “In these incidents, the golf course isn’t responsible nor the golfer unless they intentionally aim at the property.”
“The homeowner ultimately assumes the risk when they buy the property.”
“The golf course is usually there first, and then they build the house there so they assume liability because they knew they were building on a golf course.”
The complex world of increasing liability for owners and operators of golf facilities – coupled with rising business taxes – makes risk management an important feature for golf businesses. The relationship between the golf facility, its ownership and management, and the property owners is critical to the success of the facility. An adversarial relationship between the club and the members of the Property Owners Association can be detrimental to the viability of any golf business.
Owners of golf facilities can often find themselves having to be defendants due to someone being injured on or around their golf courses. The Floyd Law Firm PC recommends the procedures and management programs to aid in the prevention and control of the exposure to loss via effective risk management.
The Floyd Law Firm assists clients in preventing such problems, and we can help negotiate any disagreements as they arise. Our firm has the experience and specialized knowledge in golf industry law, community associations, and the legalities of real estate development.