Liability

tpar89 · October 7, 2009

About a month ago I hit someone in the head with a ball. There was a girl sitting off to the right of the fairway next to a tree. She wasn't golfing, she was just sitting there. I was about 80 yards away from her and I shanked my shot. It hit her in the back of the head and left a little gash. I did not do this intentionally and I yelled fore. The ambulance came and so did her brother.

She ended up needing stiches and some other things. Well her brother came by today with $5,000 worth of medical bills that he wants me to pay for. He doesn't want to get lawyers involved he says and doesn't want to go to court. The club has signs up that say "Golfers Only" and "No Trespassing". I searched and couldn't really find anything with previous rulings on liability.

Does the individual assume risk when stepping onto the golf course? If there are signs posted is there any way I can be held liable for accidentally hitting her? Any help is appreciated.

**Where's the Cart Girl?** · October 7, 2009

As soon as you step on the course, you assume the risk. I wouldn't pay .01, simple as that. It's not a park, you don't go to a golf course to walk your dogs (despite what some people obviously believe) and you don't go to daydream under trees. It's like joining the army because you want some time away from home.

Especially with there being signs. Talk to the Club owners and explain what's happening. That's complete BS on the part of the brother.

**Greg** · October 7, 2009

I see a lot of people walking around one course i play on, I hate that. If you're not playing you dont belong there. I have to pay to have the right to be there, if you dont pay, you are trespassing I think and should have no rights. Its unfortunate that the girl got hit but she didnt belong there, much as if you would have hit her with your car if she ran out in front of you, someplace she didnt belong. Dont offer to pay, they shouldnt be able to win.

**JawjaDawg** · October 7, 2009

Check with the course - see if they have one of those "at your own risk" signs.

That guy doesn't want to go to court because he knows he'd get railed.

**mdl** · October 8, 2009

My little (giant) brother shattered a woman's wrist with an extremely errant drive (he's a 6'6" ex-baseball player and swings like it's a low fastball). She was pretty cool at the time but her boyfriend called him later and started asking for money for her wrist surgery. He did an extensive google search and found a pretty comprehensive PDF somewhere with the case law and whatnot.

Basically, golf is legally a "contact sport" (ha). That means that as long as you didn't do something clearly not allowed by the rules and etiquette of golf, you're not liable for hurting someone. So, if you drove into the group in front of you while they were still in range and hurt one of them, you'd be liable. If you're in the right to be teeing off and happen to hit a really bad one and hurt someone, that's part of playing a "contact sport", and you're 0% liable.

He asked some business lawyer contacts of his for an opinion after reading this, and they concurred, and added that you shouldn't start any kind of "nice guy" negotiation, or offer of some help less than the $5k asked for, or anything like that, cause this could imply some sort of admission of guilt and hurt your case if they do end up trying to sue you.

**ddalet** · October 8, 2009

About a month ago I hit someone in the head with a ball. There was a girl sitting off to the right of the fairway next to a tree. She wasn't golfing, she was just sitting there. I was about 80 yards away from her and I shanked my shot. It hit her in the back of the head and left a little gash. I did not do this intentionally and I yelled fore. The ambulance came and so did her brother.

Look, we can't let all these legalities get in the way of our humanity. Sometimes people will hide behind the law or use it as an excuse to dismiss common decency.

The bottom line is, you are not liable. Still, that doesn't mean you didn't shank the ball and gash her head open. $5,000 bucks is unreasonable for you to pay. However, $500 is probably not... or sending her to a doctor friend? Or helping her out in some other manner? Remember the odds of this happening to you again are not good. Sure you don't have to pay a dime... but do you really think that doing nothing at all for the girl whose head you broke is right too?

**BigDave** · October 8, 2009

Contact your homeowners insurance agent. They will generally cover what you are responsible for and defend you against what you are not responsible for. You are probably not responsible but you will have to defend yourself if they sue. Not only will your insurance company pay but they have relationships with quality lawyers that they will hire to represent you.

On a related subject, it is an excellent idea to carry an umbrella liability insurance policy. You can get a million dollars coverage for a very reasonable premium.

**Fat Slice** · October 8, 2009

This is a good example of why it's VERY much in your interest to yell "FORE!" loudly. That act may have absolved you from all liability. Law varies by state - get a lawyer's opinion. You may, as noted, want to notifty your insurance agent.

**kafka01** · October 8, 2009

Doesnt the club or you as individual have some kind of insurance for the case you damage something or somebody unintentionally while playing, that covers this case?

This is a good example of why it's VERY much in your interest to yell "FORE!" loudly.

I ever wondered about this - non-golfers couldnt care less, if somebody yells FORE - they actually might stop doing what they are doing and start looking around, so after i yelled fore, if my shot is wayward in the direction of possible non golfers i always shout something afterwards, they actually can understand.

**FHopper** · October 8, 2009

The phrase of art is "an act of God", you have no legal liability; a meteor might as well of hit her.

**moshdirtjumpr** · October 8, 2009

Dave, I think the only thing you home owners will cover is if you damage somone property while you golf. ie-house or car. I think if you look at your scorecard it says golf at your own risk.

**MiniMoe** · October 8, 2009

there was a case a bit ago where a guy got hit and sued because the guy hitting the ball did not yell fore. The judge ruled that there was a reasonable expectation for errant golf balls and that yelling fore or not is irrelevant. The guy hitting the ball was not liable.

For your case, if you are on a course and have not paid to be there, you are trespassing and are there at your own risk. You are not liable. As a matter of fact, the course could be liable because they did not do enough to keep the trespasser off private property. I think you are covered. Don't offer anything.

By the way... 5,000 for a few stitches? WTF?

**2bGood** · October 8, 2009

Last year I think I hit a car outside the course (could not see the ball land but it went over that way and I found my ball near the car). I was a nice guy and went over to the house and reported myself. The lady tells me that out of the 6 dents in her car she was sure the big one was new and mine. She also tells me that no one else ever fessed up to the other dents. At any rate I tell call me and I sort out my dent.

Long story short I get a call months later and she wants $2k to fix the "dent" I let her know my guy will do it for $150? If she wants $2k we better sort this out through insurance. She calls back $1K cash and she wont put a claim in. I still say forget it put a claim in as my insurance will cover it and I will only be out $220 (my premiums would go up for three years).

My I put my cliam in and my insurance fights her tooth and nail as no one saw the dent happen (including me) and she doesn't get anything.

I only tell this story to point out that you can try to be nice guy but someone still may try to screw you.

**Saint** · October 8, 2009

I see a lot of people walking around one course i play on, I hate that.

The bold statement would actually be up to the club. When you pay for golf, you pay for a green fee and a cart, so technically, they do have a right. Do I have a right to be there if I am just using the putting green?

**Jay-Bird** · October 8, 2009

Call a lawyer. There is certainly precedent in Florida - it's a golf state after all.

here's a link to a case in Hawaii. - A golf state as well.
Golfer NOT liable

I think you're OK. You should call a layer, though, for sure.

**just hit it** · October 8, 2009

I believe the "golfers only" and " no trespassing" signs absolves you of any responsibility. The course most likely put those signs up to protect themselves. By being there she put herself in harms way. I'm not trying to be cold to her situation, but to admit guilt or pay partially you are opening yourself to a larger lawsuit. First thing I would do is talk to the course management, second would be your insurance agent, third a lawyer ( this one will cost you, unless you have a friend). The basic argument is did you do anything irresponsible to cause her injury, no- you were merely playing golf on a GOLF Course. Did she do anything irresponsible to cause here injury, yes- she went and sat in a field that by design as hard balls falling everywhere.

Good luck!

**zeg** · October 8, 2009

I agree that you should not pay up, and I disagree with the post above suggesting you should help out because it's "the right thing." When I walk out on the course, I know I may be struck by a ball. As long as this was not done intentionally or through negligence (e.g., not yelling fore..), I would not expect the golfer who happens to have hit that shot to be held responsible for my injury. I DO expect anyone else on the course to take responsibility for themselves this way.

tpar89 · October 8, 2009

Thank you for all the replies. While I do feel bad for hitting her, I'm not going to offer to pay. Like someone else said, if I did that then it may be misinterpreted as admitting to wrongdoing. I'm going to call the course tomorrow and ask about this and see what they have to say. It's good to know that I'm not at fault.

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