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As Marty was approaching the green, he hit a towering shot which deflected off a tree, struck Dickie, bounced off his head and knocked a
As Marty was approaching the green, he hit a towering shot which deflected off a tree, struck Dickie, bounced off his head and knocked a straw hat off of his girlfriend Patty's head. Although the ball did not strike Patty herself, she became startled and fell from her beach chair, thus breaking her arm.
- At trial plaintiff offered uncontested evidence that golf balls from the Club's links regularly traversed onto his property two to three times a day. Which of the following statements is most accurate regarding the liability of the Pike Creek Golf Club/Marty for trespass?
- Defendants are not liable, since they did not intentionally cause the golf ball(s) to traverse onto the plaintiff's property.
- Defendants would remain liable for the unpermitted intrusion of the golf ball(s) onto the plaintiff's property.
- Since the plaintiff should have reasonably anticipated that living next to a golf course would result in stray golf balls landing on his property, defendants would not be held liable.
- Since the golf balls did not substantially interfere with the plaintiff's use and enjoyment of his land, defendants would not be held liable.
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