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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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I live in France next to a Golf Practice. We receive excessive

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I live in France next to a Golf Practice. We receive excessive balls in our garden and damaging our property and cars. Despite repeated discussions with the Golf course Manager, they have not addressed the problem. I would like to know what my rights are. It is only a matter of time before there is a serious injury. the house was built a long time before the Practice range was opened.
From a civil law stand point, all damages caused by the balls landing on your property must be paid by the golf course, or their insurers.
If there is any form of danger involved you need to file a claim with the police and/or the prosecutors' office.
Best course of action would be to send the golf course management a letter by recorded mail demanding that they take measures to limit or eliminate danger less you are going to file a criminal claim for endangering one's health / life. Give them one month to answer. Then act...
Customer: replied 3 years ago.

Thank you for your reply.


I will follow your advise. We have been in discussions with the management for 18 months without resolve, but I have not filed a criminal claim.


Can you tell me what is the possible result of a criminal claim?

They are different.
If you have strong argument's regarding damages caused and risks , and, in this case the police will make a call on the golf course management, and pursue if they are breaking safety rules and endangering anyone.
If they disagree with you, or do not wish to bother, which may happen, you have the option of filing a claim as a civil party (plainte avec constitution de partie civile).
This will cost you a little bit but will force the prosecutor's office to investigate the matter and see if any law is broken. If so, the golf management faces prosecution for carelessness.
Even if you choose not to go that far, filing a simple claim, even if it does not lead to any police action or to a trial, will pave the way for claiming damages in case a accident happens and is likely to show the golf management you mean business.
In all likelihood, just officially warning them that you may take the matter on the criminal law level should make them more eager to discuss solutions with you.
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