Windshield cracked by Golf ball while staying at Treehouse villas

[erionm]

As a long time golfer I am fully aware that errant shots are a part of golf. On this hole in particular, if unfamiliar with the hole, based on the layout, one would have no idea there was a Treehouse or Cars in the path.

As a long time golfer, have you ever damage another persons property? Did you expect the golf course you were playing at to cover the damges or should it be the responsibility of the golfer?

 

[marynvince]

As a long time golfer, have you ever damage another persons property? Did you expect the golf course you were playing at to cover the damges or should it be the responsibility of the golfer?

QUOTE:
When it happened, early in our trip, I chalked it up as stuff happens. I didnt let it bother me or negatively impact our family vacation. I immediately thought that Disney was NOT going to cover this and it would be my responsibility out of pocket

I played with a golfer that hit the side of a house that was 10 yards off the fairway. The owner was irrate, had no idea who in our foresome hit the ball that hit his house. He stormed into the clubhouse and their response was: When you BUY or BUILD a house on a golf course the home owner knows the risk of their house being hit.

I'm not sure DVC guests are even aware of the risk, not sure they should be responsible unless they are made aware of?

 

[Sammie]

QUOTE:
When it happened, early in our trip, I chalked it up as stuff happens. I didnt let it bother me or negatively impact our family vacation. I immediately thought that Disney was NOT going to cover this and it would be my responsibility out of pocket

I played with a golfer that hit the side of a house that was 10 yards off the fairway. The owner was irrate, had no idea who in our foresome hit the ball that hit his house. He stormed into the clubhouse and their response was: When you BUY or BUILD a house on a golf course the home owner knows the risk of their house being hit.

I'm not sure DVC guests are even aware of the risk, not sure they should be responsible unless they are made aware of?

How could one not be aware that there are golf balls that might go astray when one is next to a golf course.

 

[DebbieB]

I think Disney has some responsibility to provide netting if there is a possibility balls could go into a parking lot. What if it hit a person? They just can't sit back and say "not our problem". I work for an insurance company and have worked on golf course policies and we paid out for cars hit by balls. It's not a large amount and it's not worth creating a rift between the course and the club members by denying the claim saying you have to find the person who hit it. Now if it's a frequent occurance, we would insist that netting be put up.

 

[Dean]

The golf ball in question was indeed found at the scene. Doing a little CSI of my own, taking into account the impact postion, direction and angle of attack the offending golf ball was indeed were it should have been.

Given the fact the 1 or more golf balls was found each day around the villa/parking area in question, I would be surprised if this has not occured in the past.

As a long time golfer I am fully aware that errant shots are a part of golf. On this hole in particular, if unfamiliar with the hole, based on the layout, one would have no idea there was a Treehouse or Cars in the path.

When it happened, early in our trip, I chalked it up as stuff happens. I didnt let it bother me or negatively impact our family vacation. I immediately thought that Disney was NOT going to cover this and it would be my responsibility out of pocket (deductible $500). I went to the front desk to report the incident, they called security, we filed a report and they gave me a claims number to call. So I then thought, well, maybe Disney will take care of this. From the OP, they are not.

From Disney's standpoint I think it could have been handled better as follows:

1) While I am aware of the potential "Danger" from an errant golf ball, someone that is not a golfer that gets assigned that villa(7035) might not be. There is a chance of getting hit while sitting on the deck or even when walking from villa to car. I think that should be communicated in some way. I am not complaining, I am simply saying. I requested this villa for its location and it worked out great from that standpoint.

2) Had I been told that , No sorry, disney does not cover that type of damage, I may have had the windshield fixed before returning the rental car, just so I would not have to go through the hassle, although I must say Alamo was great when I returned the car and it was a quick process to get me out of there. Total cost from Alamo, $201.14 for the repair and $50 Administrative fee, $251.14 which I'll pay and chalk up as a cost of the vacation.

We had a great vacation and loved the THV and will recommend to anyone that asks.

A crack in the windshield and a statement the golf ball was lying there is definitely not proof. How would you even prove the golf ball got there by the suggested means or you didn't bring it with you with intent on making the claim. The burden of proof is on the person filing the complaint. To prove this happened you'll need things like an eye witness, admission by the golfer or the golf ball embedded in the windshield or some similar circumstance. One might or might not be able to infer this happened as suggested due to circumstantial evidence but that's about the best position one could get to in this situation it seems. It seems like you didn't let it ruin your trip and Alamo was reasonable about it. You might still contact your CC company if you reserved with a CC and your personal insurance carrier, it might be possible to get someone else to cover it without too much effort.

 

[DebbieB]

That's a good point - check with your credit card company, many provide secondary insurance coverage. If it's less than your insurance deductible, they may cover it.

 

[WilsonFlyer]

I think Disney has some responsibility to provide netting if there is a possibility balls could go into a parking lot. What if it hit a person? They just can't sit back and say "not our problem". I work for an insurance company and have worked on golf course policies and we paid out for cars hit by balls. It's not a large amount and it's not worth creating a rift between the course and the club members by denying the claim saying you have to find the person who hit it. Now if it's a frequent occurance, we would insist that netting be put up.

Really? REALLY? You really think they should put netting up all around the lotss at all the villas that border a fairway? SSR? OKW? Why stop there? Shouldn't we protect the exposed balconies on the first and second floors too?

Ya'll enjoy those resorts after they do this. I won't be bothering anybody there again if they do.

It's a stupid golf ball that hit a stupid windshield. My bet would be that they've hit people in the past too. Stuff happens.

[Jumps off his soapbox before beginning rant on how the government could probably put measures in place to protect us.]

 

[permavac]

QUOTE:
When it happened, early in our trip, I chalked it up as stuff happens. I didnt let it bother me or negatively impact our family vacation. I immediately thought that Disney was NOT going to cover this and it would be my responsibility out of pocket...

You are a better person than me! Our (own personal) vehicle was hit, not once, but TWICE during the week of July 4th last year in the Dolphin parking lot. The first time, someone had backed into the passenger's side crushing a small piece of the front quarter panel and the second was after we had moved it - thinking maybe it would be safer elsewhere and that time someone cracked the front ground effects by hitting it head on. I was very upset and we asked to speak to security. The supervisor was such a jerk about it (we only discussed the first hit with him). He said that it happens all the time and don't bother trying to get anybody there to do anything about it. I started crying in the lobby and yes, I let it ruin a few days of our vacation. I have to say, it probably would have made it more palatable for me if he had given me a number to call once we got home so that I could have had some distance between the traumatic discovery of our damaged vehicle and the knowledge that nobody there cared that it happened. I am wiser about these things now of course but it is still a PITA to go through on vacation (and I was celebrating a milestone at the time so probably why I was so emo ). Anyway, glad the overall effect wasn't so bad for you and I agree - if there is potential for something or someone to get hit in that area, they should post a big sign. Doesn't Disney love posting signs anyway?

Terri

 

[marynvince]

How could one not be aware that there are golf balls that might go astray when one is next to a golf course.

1) Someone that is not familiar with the game of golf might believe that those playing would keep the ball reasonably close to the playing area.

2) Since units are mostly randomly assigned, one might not immediately even realize their proximity to the course and the potential for errant golf balls.

Kids and old people come to mind as those potentially less aware.

 

[marynvince]

Really? REALLY? You really think they should put netting up all around the lotss at all the villas that border a fairway? SSR? OKW? Why stop there? Shouldn't we protect the exposed balconies on the first and second floors too?

Ya'll enjoy those resorts after they do this. I won't be bothering anybody there again if they do.

It's a stupid golf ball that hit a stupid windshield. My bet would be that they've hit people in the past too. Stuff happens.

[Jumps off his soapbox before beginning rant on how the government could probably put measures in place to protect us.]

May not have jumped soon enough

I don't advocate nets, but I do think a sign or special instruction at check in to be on the look out or be aware of the possibility.

Imagine that you get to your Treehouse Villa, not really aware how close the golf course is because yes it's on the map but it's still hard to tell proximity. Also when you drive to 7035 you drive around the entire area, away from any golf course views. You get out of your car, you're all excited to be there. Wow after 11 months we are finally here. You are walking up the steps to your villa and your young son gets conked in the head with a golf ball.

Stuff still Happens?

 

[DebbieB]

Really? REALLY? You really think they should put netting up all around the lotss at all the villas that border a fairway? SSR? OKW? Why stop there? Shouldn't we protect the exposed balconies on the first and second floors too?

Ya'll enjoy those resorts after they do this. I won't be bothering anybody there again if they do.

It's a stupid golf ball that hit a stupid windshield. My bet would be that they've hit people in the past too. Stuff happens.

[Jumps off his soapbox before beginning rant on how the government could probably put measures in place to protect us.]

If they don't want to put up protection or design the course so that balls do not hit guests property, then they should be responsible for damage. It's not that much, they should pay it. You don't expect when you park your car outside the villa that it's in danger of being by golf balls, especially if there is no warning sign. I've worked in insurance for almost 35 years and there is a liability when there is damage to people or property because of the way your property is designed. You can't just say "too bad if people/property are hurt/damaged", you are responsible. I think if the OP pursued this, they would pay.

 

[WilsonFlyer]

May not have jumped soon enough

I don't advocate nets, but I do think a sign or special instruction at check in to be on the look out or be aware of the possibility.

Imagine that you get to your Treehouse Villa, not really aware how close the golf course is because yes it's on the map but it's still hard to tell proximity. Also when you drive to 7035 you drive around the entire area, away from any golf course views. You get out of your car, you're all excited to be there. Wow after 11 months we are finally here. You are walking up the steps to your villa and your young son gets conked in the head with a golf ball.

Stuff still Happens?

I can't concede that stipulation because I would be aware. It's my responsibility as a parent and a free adult.

Yes. Stuff still happens and yes, I have a 6YO DD.

Sorry that's seemingly hard for you to wrap your arms around but that's the best I can do.

 

[WilsonFlyer]

If they don't want to put up protection or design the course so that balls do not hit guests property, then they should be responsible for damage. It's not that much, they should pay it. You don't expect when you park your car outside the villa that it's in danger of being by golf balls, especially if there is no warning sign. I've worked in insurance for almost 35 years and there is a liability when there is damage to people or property because of the way your property is designed. You can't just say "too bad if people/property are hurt/damaged", you are responsible. I think if the OP pursued this, they would pay.

I refuse to live in a bubble or a box. As an adult, I accept a certain responsibility for walking around every day, regardless where that may be. I'm perfectly good with that so I don't have to live my life behind shatterproof glass.

 

[Dean]

If they don't want to put up protection or design the course so that balls do not hit guests property, then they should be responsible for damage. It's not that much, they should pay it. You don't expect when you park your car outside the villa that it's in danger of being by golf balls, especially if there is no warning sign. I've worked in insurance for almost 35 years and there is a liability when there is damage to people or property because of the way your property is designed. You can't just say "too bad if people/property are hurt/damaged", you are responsible. I think if the OP pursued this, they would pay.

Life has risks. I don't believe the actual risk in this situation is enough to justify a number of signs about the risk nor a net but I guess that's ultimately up to Disney to decide which they'll do in response to their interpretation of the threat and the complaints they get. One problem with admitting liability in this instance is it opens up a very large can of worms for many areas. Insurance and liability laws can be interesting, for example, if your neighbor's tree falls on your house, it's your responsibility to cover your damages.

 

[marynvince]

I can't concede that stipulation because I would be aware. It's my responsibility as a parent and a free adult.

Yes. Stuff still happens and yes, I have a 6YO DD.

Sorry that's seemingly hard for you to wrap your arms around but that's the best I can do.

Dude, I am completely aware. I take offense to your condescending attitude toward me and my view on this issue. Personally I have never been upset and am not going to raise an issue with Disney. However as a keen observer of the human condition, I know their are people out there that are less aware. It is my belief that as a free adult if I can help increase awareness or suggest ways that awareness can be increased, then that is my right and my duty.

When DVC members are assigned a THV that is adjacent to the golf course they should be made aware of the rare potential for stray golf balls. A quick simple statement at check-in. That's all. No big deal. I think that's the least and most they need to do. I'll send them an email and suggest just that, and if they do nothing, which I expect, I'll not lose sleep over it. At least I tried to raise awareness for others instead of just expecting it of them.

 

[Dean]

Dude, I am completely aware. I take offense to your condescending attitude toward me and my view on this issue. Personally I have never been upset and am not going to raise an issue with Disney. However as a keen observer of the human condition, I know their are people out there that are less aware. It is my belief that as a free adult if I can help increase awareness or suggest ways that awareness can be increased, then that is my right and my duty.

When DVC members are assigned a THV that is adjacent to the golf course they should be made aware of the rare potential for stray golf balls. A quick simple statement at check-in. That's all. No big deal. I think that's the least and most they need to do. I'll send them an email and suggest just that, and if they do nothing, which I expect, I'll not lose sleep over it. At least I tried to raise awareness for others instead of just expecting it of them.

I don't know if they they don't do that now, they may, but since no one has posted that they do, I'm guessing there isn't any type of warning in the paperwork given out at check in. It's not unreasonable for them to do so but it's also not enough of an issue for me to see it as necessary. Two legal issues come to mind though. One, if they do give any warning it may increase their liability and the other is a legal saying that applies to many situations related to timeshares and very much to DVC, the phrase that "one knew or should have known".

One might also want to look back at the POS and Disney's CRO reservation info also. I'm betting there are general protections there as well.

 

[Maistre Gracey]

Hmm... I wonder if they would put a shooting range next to the resort?

MG

 

[Ryansdad0727]

We stayed in 7033 in December. We caught the bus at Grandstand which meant we had to go through the golf course. I was scared of getting hit so we ran as hard as we could the entire way. If we got tired we would hide behind a tree until we could sprint the rest of the way to the bus stop. Luckily noone got hit by a ball but i almost got my ankle gnawed off by a rabid squirrel. It looked like it had a golf ball sized depression in its skull. Maybe it got hit and messed up the poor critter... Who knows.

 

[Dean]

Hmm... I wonder if they would put a shooting range next to the resort?

MG

I wouldn't see that as applicable to this discussion but maybe by VWL.

 

[Maistre Gracey]

I wouldn't see that as applicable to this discussion but maybe by VWL.

Lol!! Good one!
That said, I do find it applicable. I always find if one can find an extreme example with the same premise it can illustrate the point.

MG