R50/R53 :: Hatch Talk (2002-2006) Cooper (R50) and Cooper S (R53) hatchback discussion.

R50/53 Golf ball meets MINI, chaos ensues

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Old Sep 11, 2005 | 12:49 AM
  #1  
kgelner's Avatar
kgelner
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Golf ball meets MINI, chaos ensues

Well while I and my MINI and my GF were driving along peacefully Labor Day morning on our way to a MINI drive, little did we know we had a date with destiny!

I saw a small flash of white in the sky for a split second, then POW! The aftermath:

https://www.northamericanmotoring.co...cat=500&page=1

(three other photos there as well from different locations including the outside)

We could kind of see the foursome we thought were the cause (the road was along the edge of a public course), so we stopped in. The staff were rather friendly and even let me drive to the shop to vacuum up the car. However in Denver no matter how helpful they might be, they are not responsible for damage from stray *****. My girlfriend took a cart out with a club pro to talk to the foursome - but despite putting on a teary face could not get the foursome to own up to their dastardly crime. And that was that.

Oh well, the windshield was only six months old or so but already it was somewhat pitted (not cracked previously though) - so even though it's a new windshield sooner than I thought at least it's not a new hood or roof!

The windshield (OEM though not the original one) held up pretty well I thought for an impact with the MINI going forward at about 60MPH and the golf ball coming in pretty quickly. It didn't go through at all, the windshield is still fully sealed and no water or air leaks through the impact. It did send quite a lot of small glass bits flying around inside the car though, my girlfriend had glass in her hair and her shoes and I had a bit on my lap and clothes as well.

Not really much of a point to this story, nor am I looking for sympathy - I just though others might find pictures of what punishment the windshield can take kind of interesting.
 
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Old Sep 11, 2005 | 01:24 AM
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cgrant's Avatar
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So thats what happens to all those shots I slice over the freeway!

j/k

sucks about the windshield :( Atleast noone was injured. Musta scared the hell out of ya.
 
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Old Sep 11, 2005 | 02:07 AM
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Sorry to hear about your mishop with the golf ball.

If I were you, I would go home and pick up my golf set. Return to the park and park my mini across the street and practice my drive. Just make sure you aim your swing at the park. Now they will see what rain of golf ***** looks like.
 
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Old Sep 11, 2005 | 03:06 AM
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From: Over there -->
Titleist 3?
 
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Old Sep 11, 2005 | 04:14 AM
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So the club isn’t liable? I would make a pretty good argument that the club in which they were playing is a public health nuisance since they do nothing - safety fences etc. - to protect the public from stray *****. What if the car were a convertible and the ball knocked somebody in the head? What if the ball hit a car and caused an accident? If you can find other people who have been hit by stray ***** in the same area - Craiglist ad maybe - you may have a small-claims case.
 
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Old Sep 11, 2005 | 06:24 AM
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resmini's Avatar
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One thing I learned years ago is that signs and/or statements of "we're not liable" rarely have anything to do with reality. From signs on the back of gravel trucks to statements like you got from the golf club, these denials are there to, they hope, stop most people from pursuing the real liability they have.
 
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Old Sep 11, 2005 | 06:35 AM
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chows4us
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Originally Posted by kgelner

However in Denver no matter how helpful they might be, they are not responsible for damage from stray *****.
How do you know that? Because they have some sign?

You might speak to a lawyer because I know from an insurance perspective that you CANNOT write away "contributary negligence" with some sign. In other words, if you can prove the gulf club didn't provide reasonable measures to ensure that stray ***** wouldn't hit cars, the sign is worthless. I'm pretty sure of that.

SORRY about the car
 
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Old Sep 11, 2005 | 08:12 AM
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I agree with the liability thing. Just because they say "we're not liable" doesn't mean they can make it the law. It's like someone throwing rocks out of their house into the road, and upon hitting someone saying "sorry. My personal policy is I am not liable."

It's often hard to find a lawyer to work on something like this, where they don't see a big payoff. But I bet a letter from an attorney would get them to do something--or at least stop it from happening again, with a higher fence, etc. It just pisses me off that they didn't offer to do more for you. People need to take responsibility for their actions!!

Good luck!
 
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Old Sep 11, 2005 | 08:22 AM
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Originally Posted by Kentiki
I agree with the liability thing. ...
It's often hard to find a lawyer to work on something like this,
I'm not so sure they need a lawyer. If you replace the glass through your auto insurance, your auto insurance company can go after them.

It's kind of like your at a carnival ride and fall out. There's a sign that says they are not liable for injuries. However, lets say they don't have adequete seat belts on their rides. Then, I think the sign is meaningless because, at a minimum, they "contributed" to your injuries because they didn't provide adequate safety features. On the other hand, if your standing up and didn't use the seat belt and got thrown out, then you too contributed to your injury. ... duh.
 
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Old Sep 11, 2005 | 08:24 AM
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The staff were rather friendly and even let me drive to the shop to vacuum up the car. However in Denver no matter how helpful they might be, they are not responsible for damage from stray *****. .
Get a basket of ***** and start pummeling the parking lot. See how they change thier tune.
 
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Old Sep 11, 2005 | 08:34 AM
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Originally Posted by kaelaria
Get a basket of ***** and start pummeling the parking lot. See how they change thier tune.
??? SO your advocating vandalizing other peoples cars???

To what end?
 
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Old Sep 11, 2005 | 08:47 AM
  #12  
kgelner's Avatar
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On liability...

Actually I know they aren't liable not just because they say so - but because Denver says so! It's a public course and owned by Denver itself, and indeed by law (that they wrote) they are not liable.

My girlfriend is a lawyer so I know all too much about the issue. I had actually heard of this before but never thought I myself would be involved in a demonstration of the effect.
 
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Old Sep 11, 2005 | 08:51 AM
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Originally Posted by chows4us
I'm not so sure they need a lawyer. If you replace the glass through your auto insurance, your auto insurance company can go after them.

It's kind of like your at a carnival ride and fall out. There's a sign that says they are not liable for injuries. However, lets say they don't have adequete seat belts on their rides. Then, I think the sign is meaningless because, at a minimum, they "contributed" to your injuries because they didn't provide adequate safety features. On the other hand, if your standing up and didn't use the seat belt and got thrown out, then you too contributed to your injury. ... duh.
Yeah, but even if it is you OWN FAULT you can hold others liable... It's the same provision that requires people to have security fences around pools on their own property... you can tresspass, you can ignore the sign, you can hope the fence, you can jump into the pool and drown, but the homeowner can still be liable.

A slight aside, that one, but glad you and your GF weren't hurt, and glad you had your wits so as to not careen out of control when the ball came smashing into your "motor-dom".

Here in NC a guy is in jail for throwing a rock at a windshield and the car lost control and crashed... doesn't take much.
 
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Old Sep 11, 2005 | 08:54 AM
  #14  
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Wowza!!!! The pictures pretty much tell it all.

I would at a minimum, have a conversation with the golf course Manager and show them the pictures. You just never know - they might be feeling a bit "liable" when presented with a "you'll be hearing from my lawyer".

It's pretty sad in this day and age when grown adults (supposedly) can't own up to something obvious like this...

Donna
 
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Old Sep 11, 2005 | 09:24 AM
  #15  
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There are actually quite a few court decisions on this - although I can't find any from CO, and everything I could find sided with the club (the golfer is liable for a mis-hit ball).
It seems that your only recourse would be if the club did not take reasonable steps to make sure mis-hit ***** didn't wander into traffic (no fences, trees etc)

see Gleason v. Hillcrest Golf
Course
-
 
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Old Sep 11, 2005 | 10:08 AM
  #16  
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Originally Posted by Donna/Mike
Wowza!!!! The pictures pretty much tell it all.

It's pretty sad in this day and age when grown adults (supposedly) can't own up to something obvious like this...

Donna

Ditto that. You shouldn't need a lawyer for this sort of misadventure. I can't believe the golfer who hit that ball would not be tearfully apologizing to you and grateful that no one was hurt. The result could have been much worse (imagine if it were the windshield of an original Mini--the one you were following?). A genteel sport has been overtaken by those who don't play by the rules of common decency. The player was crude, but the club manager should have offered you free passes as a token of good will.
 
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Old Sep 11, 2005 | 10:35 AM
  #17  
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WOW!! That's a very dramatic pic!

Clover
 
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Old Sep 11, 2005 | 11:10 AM
  #18  
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If the ball hit the classic mini? I know the answer, their windshield is safety glass also
 
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Old Sep 11, 2005 | 01:38 PM
  #19  
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Originally Posted by chows4us
??? SO your advocating vandalizing other peoples cars???

To what end?
I guess you never heard of tongue-in-cheek.
 
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Old Sep 11, 2005 | 02:06 PM
  #20  
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Originally Posted by kaelaria
I guess you never heard of tongue-in-cheek.
It was missing the smilie

In that case ... good idea!
 
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Old Sep 11, 2005 | 02:09 PM
  #21  
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Originally Posted by tarditi
Yeah, but even if it is you OWN FAULT you can hold others liable...
Absolutely. That's what its called "Contributary negligence". Negligance can be partialed out.
 
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Old Sep 11, 2005 | 05:10 PM
  #22  
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Originally Posted by namwob
If the ball hit the classic mini? I know the answer, their windshield is safety glass also
Thanks. You are right. Those cars are not that old. I recall the sliding side windows were rather sturdy if tiny.
 
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Old Sep 11, 2005 | 06:51 PM
  #23  
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Many Sacramento streets are lined with trees that are on City property. Last month the old elm tree in front of my house dropped a huge limb through the windshield of my neighbor's car. Sacramento's response was the same as Denver's: we're not liable because we adopted an ordinance that says so.
 
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Old Sep 11, 2005 | 07:39 PM
  #24  
tattman23
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[Bill Murray "Caddyshack" voice]: BE the ball!

sorry about your windscreen, I am ALWays paranoid when motoring thru a golf course!

Still chasing that %$#&!! Gopher,
Tatt
 
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Old Sep 11, 2005 | 09:59 PM
  #25  
kgelner's Avatar
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Protections in place

Originally Posted by chows4us
It's kind of like your at a carnival ride and fall out. There's a sign that says they are not liable for injuries. However, lets say they don't have adequete seat belts on their rides. Then, I think the sign is meaningless because, at a minimum, they "contributed" to your injuries because they didn't provide adequate safety features. On the other hand, if your standing up and didn't use the seat belt and got thrown out, then you too contributed to your injury. ... duh.
I don't think I could get very far with that as they do have a giant (30'+) fence at the tee. Somehow the golfer just got a wicked hook on the thing and managed to send it over the side after it had got past the tee fence.

I'm just going to let this one slide I think since it was only a new windshield. If it had been my hood or roof though I'm sure the total bill would have made me more keen to get some kind of compensation!

Some people have asked about the classic Mini - that shot was taken a little later that morning after the drive had started. The classic Mini was safely off soemwhere else and was not in peril at any point as far as I know.
 
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