Liability

[Happy Dragon]

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.

The more thought and effort you put into this matter, the worse it gets. I would even give these people a second thought. If they call and leave a message, I won't call back. If they write me a letter, I won't read it. If I see them at the market, I won't acknowledge them. In this case, unless they hire an attorney, I wouldn't even acknowledge their existence. Just let it go, dude.

[Where's the Cart Girl?]

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

If she doesn't have insurance, or her insurance won't cover it, then an ambulance ride and stitches in a hospital can be pretty pricey I think.

[ddalet]

If she doesn't have insurance, or her insurance won't cover it, then an ambulance ride and stitches in a hospital can be pretty pricey I think.

So besides getting her head cracked open by some hacker's shank, she is in the hole for $5k. Not this girl's month eh?

[zrlaegel]

i agree with you. tell that guy to piss off

[misty_mountainhop]

So besides getting her head cracked open by some hacker's shank, she is in the hole for $5k. Not this girl's month eh?

Yep. Life's a b****. It's not this guy's fault one iota. Do we really need a lawyer to deliberate on this? She sits on a designated golf course and then thinks it's someone ELSE'S fault when she gets hit on the head? Give me a break!

(I'm not even going to get into the fact it might cost $5k for a ride in a van and some minor sewing she probably didn't actually need!) Why is everything in the World now SOMEONE ELSE'S FAULT? Does no-one have any responsibility for their own actions anymore?

[denver_nuggs_15]

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.

The "No Trespassing" sign leads me to believe that she didn't belong there. As long as that's made clear, she's at fault. If you yelled "fore" you should be fine, too. Tell the guy to get a lawyer. The cost of that might not even make it worth it for him to sue.

[unoiron]

As someone who went to law school, I'm enjoying the responses in this thread! I think everyone intuitively has the right answer (although they've arrived at it with the wrong reasoning). If a hypothetical situation like this had popped up on my torts exam during my first year of school, I would have run through a couple of pages of analysis before coming to the conclusion that Defendant Duffer was probably not liable.

Edit: I am most definitely not giving legal advice. Laws vary by state, yada, yada, yada...

[ddalet]

As someone who went to law school, I'm enjoying the responses in this thread! I think everyone intuitively has the right answer (although they've arrived at it with the wrong reasoning). If a hypothetical situation like this had popped up on my torts exam during my first year of school, I would have run through a couple of pages of analysis before coming to the conclusion that Defendant Duffer was probably not liable.

Yes he is not liable, everyone agrees... myself included.

Still, that doesn't excuse not showing a bit of humanity to the girl whose head you cracked open.

[bsettle]

Not to be the outcast of the thread, but almost every course I play on has signs that read : "You are responsible for your golf ball, on or off the course" So, basically they are saying that if I hit something, or in this case someone, the course is not liable and I am.

I am not saying you would lose this case in court, but I would check for these types of signs along with the "No Tresspassing" signs, just to have all the information.

[Shindig]

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.

If you pay a dime for any reason, or they bring legal papers, or otherwise harass you about this, might I suggest using what they're doing as evidence she was trespassing, and get her prosecuted for it?

[zeg]

Not to be the outcast of the thread, but almost every course I play on has signs that read : "You are responsible for your golf ball, on or off the course" So, basically they are saying that if I hit something, or in this case someone, the course is not liable and I am.

Well, if anything that would say that the course is not liable and would have little (if any) bearing on any dispute between the golfer and the injured woman. However, in many cases you cannot disclaim liability simply by posting a sign. It would depend on local laws/histories, and I seem to recall hearing of cases that went in both directions.

[kafka01]

Isnt it kinda strange, that when you smack somebody down with an errant shot on the golf course - you are not liable, but when you damage a house/car - some kind of object - you are responsible/liable?

[iacas]

Still, that doesn't excuse not showing a bit of humanity to the girl whose head you cracked open.

And what "bit of humanity" would that be? If you paid them even five bucks they might be able to use that as an admission of guilt of some sort, and it's not like the guy hit her on purpose. She was where she wasn't supposed to be... how is anything the original guy did lacking in humanity?

Not to be the outcast of the thread, but almost every course I play on has signs that read : "You are responsible for your golf ball, on or off the course" So, basically they are saying that if I hit something, or in this case someone, the course is not liable and I am.

I don't think a sign waives liability, and if it does, so what? The course isn't being asked to pay $5k here, the guy who hit the ball is.

If you pay a dime for any reason, or they bring legal papers, or otherwise harass you about this, might I suggest using what they're doing as evidence she was trespassing, and get her prosecuted for it?

Probably wouldn't work, because the golfer can't sue for trespassing - only the course could do that (I imagine), and they probably have no reason to get involved in this.

Isnt it kinda strange, that when you smack somebody down with an errant shot on the golf course - you are not liable, but when you damage a house/car - some kind of object - you are responsible/liable?

Someone on a golf course has assumed a certain level of risk.

People in cars driving on a road haven't assumed that risk. Homeowners who live near a golf course have assumed risk, and I've heard of those cases going in both directions. I've also heard of cases where an existing golf hole is re-designed, or a tree is cut down, and the homeowner has a case because their level of risk changed after they'd already been living there.

[DBeane]

Your not liable. Its very unlikely that your home insurance would pay, I believe another poster is correct in that, given she is a person, the liability coverage would not extend to her. If you hit a window...its covered, little girls head...no coverage.

I wouldnt feel bad, either. Her parents (or caretaker) shouldnt allow her on a golf course where she could get hurt.

Also, some have suggested maybe paying a small amount. I would avoid this also, even a small amount could be considered an admission of guilt and that could be problamatic, if someone wanted to get creative.

-Beane

[TempoIsKey]

Moral of story, If you hit "anything or anyone" on a golf course and someone asks you what your name and contact information is, tell them you don't know what they're talking about. Deny, deny, deny...

[unoiron]

Also, some have suggested maybe paying a small amount. I would avoid this also, even a small amount could be considered an admission of guilt and that could be problamatic, if someone wanted to get creative.

I don't know of a single jurisdiction that would allow this to come in as evidence.

OP, if you're concerned, please seek real legal advice.

[misty_mountainhop]

Yes he is not liable, everyone agrees... myself included.

Humanity? OK, how about calling an ambulance, staying with her, reassuring her that things will be OK, even saying sorry etc etc. Humanity != money (at least not by default).

Isnt it kinda strange, that when you smack somebody down with an errant shot on the golf course - you are not liable, but when you damage a house/car - some kind of object - you are responsible/liable?

Live by a course....accept you may get a golf ball in your house.

Park in a course car park means you're a member and you (surely to goodness?!) accept the risk your car might get dinged. Hit in the car while driving on a public road, OK, not your fault but I would assume (and hope) that my club had liability insurance for that and that I, as an individual, wouldn't be liable accept via my membership fees to cover the insurance premiums. I wouldn't have though that, by default, hitting a car/house automatically makes you a liable party. The World's gone mad....

[Big_M]

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.

Yes he is not liable, everyone agrees... myself included.

As someone who has graduated law school, I can conclusively say you are an idiot. Have you completely missed the point or are you simply the most naive person on earth? If he was to pay or help, after a demand for money has been made, it could be seen as evidence supporting an admission of guilt in a civil suit. If some asswad is demanding $5,000, why in the hell would you want to pay them anyways... they are obviously not being reasonable since they were at fault in the first place.

If you don't want to be hit by a golf ball... don't sit under a frigging tree in the middle of the golf course. Your compassion and kindness are misplaced, and your advice is naive and ignorant.