Cypress Golf Course dirty SOB's PIMA INDIAN RESERVATION rip-off Scottsdale Arizona
I was driving past there golf club ,when my car's windsheild was hit by a golf ball from there club. When turned around and asked the mamager if they were going to pay for the damage he said they were not responsable for the damage.
So i called the police ,they came out and said ya ,it was a golf ball, even the manager said it was a golf ball , but yet the police or the manager whould do any thing about it.
When i asked who the owener was. Get this ,this property is on the PIMA INDIAN RES. and they are also the oweners. the court wich i have to go thruogh is also on the pima res. The manager said the last person who tryed to make a claim lost .so how do i get my windsheild payed for?
mason
fountain hills, Arizona
4 Updates & Rebuttals
Jeff
Seville,Ohio,
U.S.A.
Where the responsibility lies?
#5Consumer Comment
Thu, July 10, 2003
Actually you do have a legitimate complaint but you will not be likely to succeed.
The basis of this issue is this.....was the road built after the golf course was already there or was the golf course built after the road was already there. The responsible party is the one who put the two entities in harm's way of each other. You will never win on this position though.
In the past the golfer was always responsible for any damage done to a home struck by a golf ball. Recently the courts have wised up and come to understand that the golf swing is not an exact science.....not even for the best of golfers. A home owner's decision to build a house in harm's way "is" an exact science and therefore the home owner must accept the liability.
In your case, the driving range or golf course must make a "significant effort" to prevent errant shots from reaching the road!
Jon
Tampa,Florida,
Rights on Tribal Land/Golf Course Liability
#5Consumer Suggestion
Thu, November 21, 2002
First of all, I am sorry about your car. Second of all, I am the bearer of bad news.
If the course is on "Tribal" land, they are a soverign state. Anything taking place on tribal land is under the jurisdiction of the Tribal Courts. You say the police came out, but they were probably Tribal police.
The course itself is not responsible for the actions of the players on the course. It is the responsibility of the golfer who hit the ball to claim responsibility for the damage, not the golf course or the tribe. If you knew who hit the ball, and could prove it (good luck), you could win the case in tribal court. Unfortunately, this would be hard to do without proof.
Jon
Tampa,Florida,
Rights on Tribal Land/Golf Course Liability
#5Consumer Suggestion
Thu, November 21, 2002
First of all, I am sorry about your car. Second of all, I am the bearer of bad news.
If the course is on "Tribal" land, they are a soverign state. Anything taking place on tribal land is under the jurisdiction of the Tribal Courts. You say the police came out, but they were probably Tribal police.
The course itself is not responsible for the actions of the players on the course. It is the responsibility of the golfer who hit the ball to claim responsibility for the damage, not the golf course or the tribe. If you knew who hit the ball, and could prove it (good luck), you could win the case in tribal court. Unfortunately, this would be hard to do without proof.
Vince
Milwaukee,Wisconsin,
It's Raining Golf Balls!
#5Consumer Comment
Thu, November 21, 2002
Just thought I would lend some information to this problem. If anyone is at fault, it is the golfer who hit the terrible shot that struck your windshield, not the golf course.
Blaming the golf course would be like holding the U.S. Forestry Service responsible for getting shot by another hunter while in the woods.
Completely absurd.
I have been a golf pro/manager since 1994 both in Arizona and Wisconsin and have witnessed the same occurence a number of times. Ultimately, even the golfer won't necessarily be held responsible in a court of law.
The best bet is to make sure you have insurance, and, from having lived in Arizona, I KNOW it is a requirement to have insurance. That way you can claim no-fault glass coverage and have your windshield replaced.
I know it is a hard pill to swallow, but face facts; you won't get anything from the golf course. As far as they are concerned, and rightly so, they have little or nothing to do with the incident.
Also, before you try to go to court or consider any other recourse, you might want to grab a dictionary and touch up on some spelling. There is nothing worse than someone trying to argue with a report of the incident that is filled with incorrect spelling.
Using the term "Dirty SOB" in an argument surely won't help your cause either. Name-calling has no rightful place in a constructive argument.
Just my two cents. =)