Assumption of Risk
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So this past week I had to swing into the DL country club for work ( driving my personal vehicle) and what happens? BINK!! Car got smoked by a golf ball. It hit so hard you can even see the dimples from the golf ball imprinted in my car hood.
Guy walks up for his ball and I ask him if he intends to do anything about the damage to my car, of course he replies your fault for being at a golf course. Assumption of Risk he calls it.
So I go upto the pro shop and ask if they have any kind of insurance for damage done to property. Of course the answer is no, he gives me the same line the golfer does. Assumption of Risk. So I gripe a bit and leave.
My employer offers to take care of it. Thank god.
I did learn through this event however that even if your driving down the highway and your car gets hit by a golf ball from a golf course your liable just for being in the area. Pretty Shitty IMO.
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In MN you're almost always at fault for anything "just for being there".
When my dad was on jury duty he was dealing with a case involving someone whose parked car got hit...it was supposed to be ruled they were partially at fault because their car was there. He was one of the only people who would NOT rule that way and said it was bullshit. That's insurance companies for you though. They want rulings to go that way so they can hike up everyones rates and line their pockets a little more.
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I would've took a golf club and shoved it up his ass and told him it was assumption of risk for being a prick.
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I'd of told him he sucks for his inability to keep the ball on the fairway-after of course he says hes not paying for it.
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Bullshit? If the damage was severe enough (ie new hood/paint/etc.) and you were inclined to, you could take it to court and win on grounds of negligence, on both the part of the golfer and the golf course. Remember that Porsche Carrera GT incident? The guy knew what he was buying (assumption of risk) but that doesn't stop a good lawyer to find attack points. Really, law in this country is so ridiculous that even a signed consent form isn't enough to prevent a lawsuit, let alone the simple assertion of "assumption of risk".
2005 Mercedes-Benz C240 4Matic
1993 Mazda Rx-7 Twin Turbo (sold)
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I talked to my insurance company about it and they said they wouldn't pursue him if i made a claim because the chance of winning was too slim. My car is being paid for but I still wish the person responsible would have taken care of it.
The kid told me he lived on edgewood in Fargo, his name is Andy Herzog. Anyone know him?
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So if you beat the guy up.. Would no one be liable for the reason of.. "Assumption of risk"?
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Link;229719 wrote:
Graduated from north in 05. Played hockey for North. I played hockey with him for a few years.He's a rich mother fucker too..
But ya.. all in all, he's a ignorant prick.
if i remember correctly, thats his parents house by edgewood. so he's 21-22, rich, and still living with his parents. might be time to pull the kid off the nipple.
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banders;229693 wrote:
I talked to my insurance company about it and they said they wouldn't pursue him if i made a claim because the chance of winning was too slim. My car is being paid for but I still wish the person responsible would have taken care of it.The kid told me he lived on edgewood in Fargo, his name is Andy Herzog. Anyone know him?
I grew up with him. He's actually a good dude. It's unfortunate that shit like that had to happen though.
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It's no different than being at a softball/baseball game and having an errant ball hit your car. The ball park is not liable, nor is the person swinging the bat. People who live along golf courses never get to have someone pay for their windows getting broken or siding being dented either.
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So, if my car is legally parked on a city street and a drunk driver runs into it and totals it, it's my fault as well because I should "Assume the Risk" that another vehicle might hit my "Legally Parked" automobile because, after all, I am parked on a street where other cars drive?
The whole "Assumption of Risk" deal sounds like a big cop out so insurance companies so theydon't have to pay out there .0000000000000000001% of there total net worth to a policy holder who bought the damn insurance to help protect them in case something like that should happen, It's BS.
Sterling Archer: Oh my god! You killed a hooker!
Cyril Figgis: Call girl!
Sterling Archer: No Cyril! When they're dead they're just hookers!
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Id wait till the next time I see his car parked at the golf course, load up a golf ball in a potatoe launcher, and fire a good one at his ride. Tell him "It's assumption of risk bro". When he scoffs at that, ask him that "hows that carma bitchslap fer ya?"
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weshole;229764 wrote:
Id wait till the next time I see his car parked at the golf course, load up a golf ball in a potatoe launcher, and fire a good one at his ride. Tell him "It's assumption of risk bro". When he scoffs at that, ask him that "hows that carma bitchslap fer ya?"That is a fucking good idea! LMAO
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