In what circumstances will a golf club be liable for damage caused to the windshield of a car by an errant golf ball?

In Hann v. Blomidon Golf Club [1994] N.J. No. 230, the plaintiff’s windshield was shattered while her car was parked across the road from the golf course. Her car was parked approximately seventy-five feet from the eighth tee on the upper level of a parkade. This was well within the trajectory of errant golf balls. The fairway was separated from the road by a six-foot high steel mesh fence. There was evidence from a resident of the area who frequently walked the roadway past the eighth fairway. She reported finding anywhere between twenty to thirty-five practically new golf balls along the sides of the roadway in a given evening. She had also witnessed golfers hitting balls over the fence and into the parking lot in question. The plaintiff’s action in nuisance against the golf club was allowed.

In Wilson v. Fawcett [1970] O.J. No. 526 the court had previously found the owner of a golf driving range liable in nuisance as a result of golf balls going onto the plaintiffs’ property and had issued an injunction restraining the activity. When the defendant failed to comply it found him in contempt.

Cook v. Lockeport (Town) [1971] N.S.J. No. 19 was also a proceeding for contempt with respect to an injunction. The court had previously found the operator of a baseball diamond liable in nuisance as a result of baseballs going onto the plaintiff’s property and had issued an injunction restraining the activity.