The plaintiff voluntarily dismissed the defendant golfer, but the court found the course owner liable for negligence in failing to represent the true yardage on the score card since he knew or should have known that golfers would rely on the yardage indicated in determining whether it was safe to hit the ball. Professionals and amateurs playing in golf tournaments must exercise the same duty of care as others who play the game of golf. Golfers are accountable for any and all damage they do, whether it is with golf balls or with any other object. Had the ball broken the window would I have been liable or the course? You likely have a claim against the driver of the errant golf ball. This is because the plaintiff assumes risk of obvious and foreseeable injury ordinarily incident to the game of golf. It depends on whether the golf course acted negligently in designing the course, including failure to erect a net. Thus, while a golfer assumes the risk that a ball may be hit to the right or left, he does not assume the additional risk; another player will hit a ball without a proper warning. Based on the nature of the owners business and his past experiences, he can anticipate carelessness on the part of third persons. For example, the owner would probably have a duty to put up a screen along the highway or a series of trees to protect the traveling public. However, the defense of assumption of the risk is equally applicable to golf club accidents as with golf ball accidents. In addition to caddies, spectators, passing motorists and even adjacent homeowners. And, is aware of the players intention to play the ball. "sameAs": [ Nevertheless, in Gant v. Hanks the minor caddy was permitted to recover from the course owner. Recovery for injuries sustained when a person is struck by a golf ball is often barred. However, the court in Duffy v. Midlothian Country Club held that a witness who had neither played professional golf nor prepared a tournament course. Fewer than 5% of all law firms are included in the Bar Register. After researching the topic, I came to a fairly clear legal conclusion: A golfer is generally not liable for injuries or damages due to an errant shot by the golfer, except in situations in which the golfer is negligent, reckless, or acting with intent. Although golf course owners are rarely liable for a golfers failure to warn, they are more often liable for injuries that the golf course proximately caused. This is only when the golfers conduct is intentional. The driver of the cart may be liable for injuries to a passenger in the cart or another on the course as a result of the drivers negligence in turning too sharply, inattentive driving, excessive speed or knowledge of a defect. The minor golfer raised his head above the bag to locate the ball. Florida appears to have the most recently reported case law dealing with the issue of insurance and golf cart accidents. Also does the City of Irvine have any liability for allowing a safety hazard like that to exist for years?
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