Out Of Bounds: Mitigating The Risks Of Errant Golf Balls

The issue of errant golf balls has always been a concern for golf course owners and operators. The law has made it clear that golf course owners and operators have a duty to protect their neighbours from errant golf balls and to be aware of the potential damage. Taking proactive steps to mitigate the risk of damage caused by errant golf balls can help prevent lengthy and costly disputes down the road.

LIMIT YOUR LIABILITY

Canadian law is well established that golf course owners have a duty to reasonably maintain their property as to not unreasonably permit errant golf balls to enter neighbouring properties. If errant balls do escape, a court will consider if the neighbouring property has an actionable claim against the golf course in nuisance. In cases where golf course owners are found liable, they may be held accountable for the resulting damage under the tort of nuisance.