The Tenczar Family’s Troubles
Erik and Athina Tenczar, a Massachusetts couple, are suing the Indian Pond Country Club in Kingston, MA, for damages to their home. The Tenczars’ house is located on the golf course, and they have been hit by too many golf balls.
The Tenczars have had 8 broken windows and damage to the siding and deck of the home due to amateur golfers who are unable to cut the corner of the dogleg. The Tenczars initially won a $3.5 million lawsuit against the golf course, but the ruling was overturned on appeal.
The Tenczars are now suing the golf course for negligence and nuisance. They claim that the golf course has failed to take reasonable steps to protect their home from errant golf balls. The Tenczars argue that the golf course should have installed netting or other barriers to protect their home from golf balls.
The Tenczars are also suing the golf course for emotional distress. They claim that the constant barrage of golf balls has caused them emotional distress and has interfered with their ability to enjoy their home.
The Tenczars are seeking damages for the cost of repairs to their home, as well as compensation for their emotional distress. They are also seeking punitive damages from the golf course for its negligence.
The Tenczars’ case is an example of the difficulties that can arise when a home is located on a golf course. Golf courses are often located in residential areas, and golfers can be careless with their shots. As a result, homeowners can be at risk of being hit by errant golf balls.
In this case, the Tenczars are seeking compensation for the damage to their home and for the emotional distress they have suffered. It remains to be seen whether the Tenczars will be successful in their lawsuit against the Indian Pond Country Club.
Negligence and Nuisance Claims
In the Tenczars’ case, they are claiming both negligence and nuisance against the Indian Pond Country Club. Negligence is when a person or organization fails to take reasonable steps to protect another person from harm. In this case, the Tenczars claim that the golf course should have taken steps, such as installing netting, to protect their home from errant golf balls.
A nuisance claim is when a person or organization creates a condition that interferes with another person’s ability to enjoy their property. In this case, the Tenczars claim that the constant barrage of golf balls has interfered with their ability to enjoy their home.
Liability for Errant Golf Balls
The Tenczars’ case raises the question of who is liable when a golfer hits an errant golf ball onto another person’s property. Generally speaking, if a golfer hits an errant golf ball onto another person’s property, then the golfer is liable for any damage that is caused by the ball.
The liability of a golf course, however, is less clear. In some cases, a golf course may be liable if they fail to take reasonable steps to protect the homes of their neighbors. In the Tenczars’ case, they are arguing that the golf course should have installed netting or other barriers to protect theirhome from errant golf balls.
Conclusion
The Tenczars’ case is a reminder of the dangers posed by golf courses located in residential areas. Golfers must take care to ensure that they do not hit errant golf balls onto other people’s property. Golf courses must also take reasonable steps to protect the homes of their neighbors from errant golf balls. The Tenczars’ case will be an important one to follow, as it could set a precedent for how golf courses and golfers are held liable for errant golf balls.