Golf Liability Legal Question

[msdw24]

This topic came up in conversation the other day and I am curious to see what our legal HF minds have to say.

If you are on a public golf course play golf, hit your shot and accidentaly hit someone can you be held liable for their injuries? Same thing, but you hit a house?

To me it seems that if you are on a golf course playing, you take a certain amount of risk from flying balls, or lightning, etc.. I don't think a golfer could be held liable for damages, UNLESS he/she made ZERO attempt to warn the other party of an incoming ball or unless the golfer was actually aiming at the other golfer, house, car, etc...

Legal Horns...what say you on this subject and do you know of any cases like this?

 

[KS1866]

I actually wrote a paper on this in law school. As long as you yell fore, then you're usually ok. Homeowners typically assume the risk of being next to a golf course, but there have been some cases where homeowners sued the course (not individual players) because of damage. I think there's case involving Dallas CC on that.

 

[hollisdude]

Having run a golf course, let me add a couple things since I've seen all this up close and personal.

First, simply yelling "Fore" doesn't get you off the hook. It is a "recognized" warning according to a judge, BUT a golfer must exercise ALL reasonable care when playing the game. That includes hitting someone and being hit by someone. One can easily be found negligent for hitting someone IF the hitter is found to be negligent in their exercise of reasonbale care. Likewise, if you do not exercise reasonable care by walking out into another player's fairway and you get hit .... the negligence falls on you. So - there's no cut and dried rule because of circumstance.

As for houses - our golf course was 55 years old and lined with houses that were built 40 years later. Homeowners knew there was a golf course there when they built their homes, but it still does not fall on the homeowner to relinquish all relief and "rights of enjoyment" as the judge said. That right of enjoyment includes the right not to have stray golf shots land on their property or hit them while they're on their patio.

Oh and I haven't even added alcohol into this conversation because that's whole nuther can of worms.

The summary is there are no hard and fast rules. So hit it in the short grass and wait till everyone is out of the way.

 

[msdw24]

Hollis do you happen to know any of the court cases by name?

 

[hollisdude]

No - I don't recall the case names .... but I do know there are some legal case search sites that you should be able to access and I bet you'll find what you need. Or even google maybe.

Oh ya, and another term I kept hearing was "implied risk" as it pertains to any golfer. It does not apply to homeowners. The accepted theory is that you accept an implied risk if you play golf.

 

[bevocbs]

I also know that if you hit a moving car with a golf ball, your home owners insurance may cover the damage. At least it did many years ago.

 

[TigerPride]

I actuallly got nailed by a golf ball between the shoulders from fifteen yards of a one iron. My club, my ball, my wife. The marriage survived.

 

[NickDanger]

My sister shot me with a 20 gauge while quail hunting. I sued her *** and recovered millions.

Well, maybe not, but she DID shoot me.

 

[TigerPride]

I hope you didn't count against her limit.

 

[NickDanger]

I'm not sure about this, but I think buzzards are protected and no limits apply. I don't **** on my legs yet to keep cool, but I'm keeping my options open.