Thats an offence in the UK too
For a cite on the use of exclusion clauses in the UK see http://www.deanscourt.co.uk/legal/exclusions.html I think I may have misremembered some points of my contract law. If any of this is in contention to what I have said above- ignore me!
You all did so well on the parking lots, how about a golf course in a subdivision that has a sign saying “Golfer is responsible for any damage to houses.” Or how about a car driving past a golf course?
I maintain there is no strict liability. Negligence would have to be a disputable question of fact. Issues such as negligent design and assumption of risk, come into play. Tried to research it once, and was unable to find any clear answer (in Illinois law). Lots of cases of golfers (and spectators) getting beaned, but none of property damage.
If nothing else, another reason NOT to have your name on your golf balls!
Apologies in advance if you consider this an unacceptable hijack.
Well, there are a few issues that come into play with the golf course scenario.
Having a sign that simply states “Golfer is responsible for any damage to houses” can actually hold the golfer liable. However, I suspect that the golf course would not be in business for a very long time.
Even with that sign in place though, I’m sure most courts would deem that sign impractical. There is in fact an assumption of risk by having your property next to or near that golf course.
There’s a also a known danger, in that, it is common knowledge that the product is dangerous. (i.e. you can’t sue gun manufacturers because they fall into this “known danger” defense category.)
I’m pretty sure you could even get a lack of proximate cause defense in there. Sure, the golf ball broke your window, but it was the golf course owner’s fault for not having a high enough fence.