Liability for Loose Golf Shots Winding Its Way Through The Courts
by Charles Boyer on Nov 17, 2010 3:44 PM EST
Email
Print
Even in a litigious society such as modern day America, you have to wonder why someone would take this to court: in 2002, a man was tragically blinded in one eye when he was struck by a golf shot gone wrong. Now, he's suing the man who hit the ball, claiming that by not yelling "fore!" that the golfer was legally liable for the damages that resulted.
The case has found its way to the New York (State) Court of Appeals, where it will consider rulings by the lower courts in that state that golf is an inherently risky enterprise and that by playing on the course, one assumes reasonable risks -- like being struck by a ball hit by another player.
It will be interesting to see how this court rules, and whether it will agree with the lower court's common sense and real-life ruling that golf, like the rest of life, comes with some risks and that while not yelling "fore!" is certainly bad manners it isn't grounds for legal liability.
26 comments
|
0 recs |
Do you like this story?
Comments
I read about this somewhere?????......but I don't remember where.
If I remember correctly the Plaintiff has lost every step of the way….I would think he will probably lose again.
The Saints ARE the SUPER BOWL CHAMPS....WHO DAT!
We all better hope he does,
or this could become a very expensive game….I can see private clubs taking out insurance, and passing the cost on to members….Or, Munis would require each player to buy insurance before getting on the course…And the list could go on and on….Sorry about the guys eye….Just hope it wasn’t his dominate one…..STUB
that's not a bad idea
Anyone who plays golf should understand and accept the relatively minimal risk, or try to find an activity with no risk (good luck). Anyone who builds or buys a house on a golf course should accept the risk, not try to put the cost of window replacement on an amateur who hit an unintentional errant shot.
"(I)f you think you've got an inside track to absolute truth, you become doctrinaire, humorless and intellectually constipated." Saul Alinsky
what does the insurance cover ? does it actually take you out of liability in case you whack someone in the head with a ball or club ? what if said whackee isn’t a member ? can they run to the courts to sue you AND the club ?
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C. S. Lewis
I'm honestly not sure what it covers
It’s itemised separately on my annual fee invoice. I’m positive it covers damage to other people on the course, however caused – well, obviously not deliberately wrapping your 5iron round another player’s head for simply playing out of turn. Though it should. I wouldn’t have thought it would cover damage to property.
I’ll ask what it covers, because as far as I know, it’s the same fee irrespective of the club; you know – a bit like union dues?
I’m thinking we don’t have to go any further than “New York” to understand how this could have ended up in court. :-D
This is definitely a case where “loser pays” legislation would be a big help.
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C. S. Lewis
I read about this
and it seems that the guy that was hit was 20 yards away from the hitter. Even for a hacker, the ball would have hit the plaintiff before he could have got the “F” out – so to speak….. let alone the “ore”.
CHip...During two of the
Nelson tournaments here in Dallas, on the same hole, same tree….First, a guy in the tree gets hit with a drive and falls out of the tree…A year later, a guy is standing under the tree, a lightning bolt hits the tree, knocks a big limb off the tree, falls on the guy killing him…..Talk about extreme happenings….STUB
Ahhh, that was good...
see what a nights sleep does for ya….jis sayin….STUB
Dang bob it, iffin I was in
Singapore, I’d sign up for a couple dozen….Ya do need to get a visor tho just to look like a teacher….great update on your site….hope ya book a million….STUB
Easy Blonde Chip...
ya don’t want to get into a war ya can’t win….There’s a saying for that, but I’ll be danged if I can remember it….LOL….STUB
In New York, you get a law suit suing the course and the PGA Tour for not posting a sign that the tree was dangerous.
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C. S. Lewis
OOOooooooo – even BETTER ! They’d get to sue god for striking the tree with lightning
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C. S. Lewis
Good luck serving the papers to get Him to appear.
by Charles Boyer on Nov 17, 2010 8:49 PM EST up reply actions
Which leads me
to realise that the difference between God and lawyers is that God doesn’t think he’s a lawyer.
just a thought...
…just where in the rules of golf is it written that you have to yell “fore” ? (is it a 1 or 2 stroke penalty for not yelling ?)
Yelling “fore” is more of a traditional courtesy than a rule. So my question to the apparently really bad court system in New York is this – just where was the intent to cause damage in this incident, and just how good does he think the guy who hit the ball really is if he could intentionally hit him with the ball ?
Get a life – stuff happens – sometimes bad stuff.
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C. S. Lewis
Yea, like lettin HE / SHE'S
on the LPGA Tour….I have it on not very reliable authority…well actually it was some drunk at the last bar I stopped in trollin for a hottie, that said Gulbis, Pretty Paula, muscles Petterson and a yet unnamed Swedish player had asked if they could do physicals and report back to the membership for a vote….The Korean players wanted to know if the HE /SHE would be over 4 ft 4 in, as that would give them a leverage advantage….Also, was the HE / SHE going to play with mens or womens equipment….(see clubs here) ….lots a still unanswered questions,,,stay tuned….ya never know what’s comin from the land of Fruits and Nuts…..STUB
LMAO !!
another thought on the guy who couldn’t dodge the oncoming golf ball – when is yelling Fore a guarantee that you won’t get hit with a ball ?
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C. S. Lewis
Actori incumbit probatio
Ad augusta per angusta
by Saint-just71 on Nov 18, 2010 10:39 PM EST up reply actions
Comments For This Post Are Closed
Secondary Sidebar
User Tools
Have a golf story tip? Contact editor Charles Boyer and he will follow the story! Thanks!
FanPosts
Community blog posts and discussion.
