Convincing a golf course to stop errant balls from leaving the course and striking one’s home is often met with years of stress and frustration. Golf course staff may reply nothing can be done. Or they claim they have no liability and the fault is that of the unidentified players who hit errant shots. The most upsetting cases we see are when a golf course operator blames the homeowner for buying a property adjacent to the golf course.

Some families may feel forced to consider selling their home due to constant golf ball intrusions. Yet, they are faced with severely reduced property value compared to nearby homes that are not at risk. The owner may go through great expense trying to protect their family and property with every means, such as trees, landscaping, fences and nets. But without the initiative and cooperation from the golf course, such effort and expenses can be futile.

Michael S. Johnstone AIA established himself as an architect in the 1970s-90s with clients like Macy’s, Sharper Image, Regal Cinemas, Cost Plus/World Market and Computerland. He also studied golf course architecture as a progression to his building designs and having been an avid golfer since youth. A trip to the famous golf courses of Scotland solidified his pursuit of golf course design and he enrolled at the Harvard Graduate School of Design in 1985 under Robert Muir Graves, the only formal training in the field at the time. Michael was then retained for golf course designs ranging from a country club master plan with full course renovation to a new 18-hole championship course, 9-hole executive courses, driving ranges and practice facilities, and single hole renovations with safety issues. His rare talent for design review and problem-solving led to requests for architectural analysis and forensic work in the golf industry.

The belief that homeowners residing adjacent to golf courses assume the risk from errant golf balls holds only under reasonable conditions. However, where conditions have changed or present unreasonable risk, Courts typically decide on behalf of plaintiffs as severe danger to occupants or guests prevents the normal use and enjoyment of their property.

When faced with filing a lawsuit or injunction, homeowners will need the help of an experienced attorney. To achieve a favorable settlement or decision in their favor, the plaintiff will need to demonstrate that the danger from errant golf balls is both foreseeable and preventable by the golf course operator. Attorneys typically do not have such knowledge in the principles of golf course design, golf terminology or golf industry practices. Therefore, the plaintiff should seek an expert to assess safety concerns and potential remedies before going to Court, or to present meaningful evidence at trial.

A safety evaluation for errant golf ball risk will assist homeowners in assessing the danger associated with their property. The evaluation provides an objective analysis using forensic tools. It corroborates the origin and frequency of errant golf balls to determine the level of overall risk. Based on the design and measurements of the golf hole, the expert can identify the reasons why such trajectories occur with frequent damage or danger. This is not something that attorneys, golf course professionals or golf course superintendents are qualified to do. Without a qualified architectural expert to provide these findings, complaints are usually locked in disagreement.

Attorney use the analysis by the qualified expert as the basis for negotiation or legal remedy for damages. The property owner can also take protective measures having a better understanding of the relevant factors and conditions. Additionally, golf course staff can use the evaluation to make reasonable adjustments to the hole without adversely affecting playability. Some remedies have no significant cost, such as course markings, warning signs, target poles and mowing patterns. Other options may have an initial cost, but will avoid serious injuries, death or expensive lawsuits in the future.

The purpose of a written and illustrated report is for all parties to understand the causal issues and risk factors associated with the complaint. Each safety evaluation is directed and analyzed with the expertise of Michael S. Johnstone, AIA. With 40 years of experience and 175+ golf course accident investigations, his credentials serve no agenda other than advocating for golf course safety. Whether the property owner and golf course work adversarially or collaboratively is up to them. The goal is that each party safely co-exist as good neighbors.

The standard fee for a Homeowner Errant Ball Safety Evaluation is $3500.

The written and illustrated report includes the following:

• Intake of client information.
• Questionnaire regarding errant ball history, property damage, and injuries.
• Initial interview with the client.
• Review of client documents and photos.
• A review of the golf course history and layout.
• Analysis of satellite photos, yardage and conditions.
• Trajectory analysis of the Safety Envelope.
• Trajectory analysis of the Safety Cone.
• Follow up interview with the client.
• Assessment of risk as either low, moderate, significant, or high.
• Remedial design suggestions.
• A final written and illustrated report.

An in-person site inspection can be conducted at additional cost to obtain more detailed information, photographs, and measurements. This may provide important data and insight into your case, but is not required. You may use the standard report to support discussions between the parties, or to facilitate hiring an attorney to further assist you.