Architect Michael S. Johnstone AIA, errant golf ball safety evaluation

Request a Safety Evaluation

Errant Golf Ball Issues

Property Damage
Injury or Death
Loss of Property Value
Dangerous Trajectory
Longer Tee Shots
Dog Legs
Narrow Fairways
Lack of Warning
Warning Signs
Poor Safety Management
Changes to Golf Course

EXPERT SERVICES

Accident Investigation
Trajectory Analysis
Safety Evaluation
Pre-Purchase Assessment
Aerial Survey
Site Inspection
Course Remedies
Nets & Barrier Consultation
Dispute Resolution

Errant Golf Ball Safety Evaluations

FOR HOMEOWNERS and PROPERTY OWNERS

Errant golf balls can cause serious safety issues for homeowners and other properties adjacent to golf courses. Danger to occupants and threat of injury occurs in proximity to municipal courses, country clubs, and golf communities alike. Risks also apply to neighboring businesses with additional concern for general public safety. Continuous property damage adversely affects insurance rates, while ongoing danger significantly lowers property value.

A major reason for increasing risks associated with errant golf balls is the advancement in golf club design and golf ball technology over the past 30 years. New designs and materials in golf equipment enable players to hit farther than ever before. Increasing physical strength also generates higher swing speeds and longer tee shots.

Some players do not appreciate the danger associated with hitting golf balls near homes. Some get caught up in the challenge of sport to improve their score by taking greater risks. Meanwhile, no matter how good the player, every golfer occasionally hits errant shots. Consequently, drives that once may have rolled up to fences are now flying into your pool or bombarding your deck. Golf balls that once landed outside of the property line are now striking your roof or crashing through living room windows.

Most golf courses were designed over 30 years ago when the average tee shot flew significantly shorter. According to the USGA and R&A, the average driving distance for amateur male players increased 19 yards from 1996 to 2019. Meanwhile, the layout of existing golf courses remained virtually the same. Today, we see safety issues when players hit out of bounds farther than before, attempt to cut doglegs and fly over homes, or avoid laying up toward greens for a chance at birdie.

Other causes of errant golf ball danger result from course renovations after old trees and landscaping are removed to reduce water consumption and maintenance cost. Additional factors arise when new houses are built around existing golf courses or new golf courses are built around existing homes.

Risks

Risks from errant golf balls include property damage, serious bodily injury, and even death. Many homeowners contact us after years of golf ball intrusion into their yards, pools and decks. Broken windows, damaged siding, and dented cars are typical. The property owners are faced with thousands of dollars in annual repairs and increased insurance costs. Much worse are the accounts of near misses and serious injuries. Trauma to the head is the worst case scenario because a golf ball travels at speeds as high as 250 ft/sec. Brain injuries and blindness are the usual cases that we see going to court.

A direct strike to the head by a golf ball is physically devastating and life altering. It is also totally unpredictable to non-golfers going about their daily activities. A landscaper and roofing contractor have faced injury while merely doing their job. A child was hit while being pushed in a stroller by his mother. Children ran from a golf ball ricochetting through a day care playground. A doctor received a brain injury while reading a book. And a mother suffered a brain injury while standing by a pool. These are only a few of the many errant golf ball cases that Michael Johnstone has investigated as an expert witness.

Issues

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.

History

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.

Action

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.

Safety Evaluation

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.

Cost

The standard fee for our Errant Golf Ball Safety Evaluation is $4500. The following services are included, along with a written and illustrated report:

Questionnaire regarding errant ball history, property damage, and injuries.
Initial interview with the client.
Specify and review client documents and photos.
Review the golf course history and layout.
Analysis of satellite photos, distances and course conditions.
Trajectory study of errant balls.
Analysis of the Safety Envelope.
Analysis of the Safety Cone.
Follow up interview with the client.
Assessment of risk based on likelihood of danger, damage and injury.
Remedial design suggestions.

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.

Request an Errant Golf Ball Safety Evaluation

Michael S. Johnstone, AIA, is a golf course architect and forensic architect who has guided homeowners, golf courses, and attorneys in lawsuits and negotiations about errant golf balls for 30 years. Our firm has performed golf ball trajectory studies and safety evaluations across the United States. Backed by this analysis, a property owner is better equipped to enter discussions to achieve a mutual solution over safety risks. If your own negotiation should fail, Michael may be retained to testify as an expert witness.

If you are in need of an Errant Golf Ball Safety Evaluation, please contact us here or call (828)-697-2420.

Errant Golf Ball Safety Evaluations

Business Hours

Contact

LINKS