hitting someone on the course/breaking window

[plugged]

The local DA is on our golf league and warned everyone in our season kickoff meeting that if they hit someone on the course, intentional or not, they could be subject to criminal prosecution.

That has always been my understanding of the law, that if you cause any injury without cause, however so slight, you can potentially be charged with assault. Whether or not a jury convicts is a different story.

[golfaddiction]

perhaps if someone gets hit 200 yards downfield, the ball doesn't have enough energy to cause serious mental injury or death...

I have always thought this too. A golf ball coming from 200 yards can't have any more energy than, say, a golf-ball sized piece of hail. I imagine there are a few places where a direct hit would cause serious injury, such as the front of the neck. But the chances of being hit exactly in one of these places seems almost impossible.

[allin]

I believe your obligation beyond a negligent act is dependent on whether the other party knew or should have known they were putting themselves at risk. Someone who buys a house on the course cannot reasonbaly expect that no golf balls will fly their way. A car on the street outside the course is entirely different. As a non attorney I claim no real expertise but I believe this an important part of the issue. The same factor could affect on course accidents, hitting into the group in front of you is clearly different than another fairway or a ball that bounces of a tree. Did you yell fore? Were their signs posted saying you must not try to cut the dogleg where there are houses etc. These kinds of things make a blanket statement impossible. Unfortunately a real attorney probably cannot comment without putting themself at risk? Perhaps one could comment in a general manner purely for our education on how liabilty is determined?

[allin]

The local DA is on our golf league and warned everyone in our season kickoff meeting that if they hit someone on the course, intentional or not, they could be subject to criminal prosecution.

For a criminal prosecution to be successful doesn't their have to be negligence or intent to harm?

[pittpanther]

The local DA is on our golf league and warned everyone in our season kickoff meeting that if they hit someone on the course, intentional or not, they could be subject to criminal prosecution

I bet that wouldn't happen if the DA himself hit someone...

[allin]

There's the criminal side of the discussion, and if there's a death there will be the possibility of a manslaughter charge, and if someone says you wanted to speed them up then the unintentional manslaughter charge could get bumped up to homicide depending upon the local D.A. Department (and on who it was who died).

I have always been amused by the disclaimer notices, car washes, video games, cannot take a 100 dollar bill, not responsible for damages caused by shopping carts etc. My business law teacher, who later went on to become a us fed attorney told us that they were junk, that these type of obligations, often called bailments cannot be waived without real knowledge of what you are waiving. In other words a signed release, even then, say the releases on the back of parking garage receipts, only protect them against non negligent actions. They count on the fact that the trouble to hire an attorney to seek reimbursement for a small loss would be prohibitive.

[zeg]

I have always thought this too. A golf ball coming from 200 yards can't have any more energy than, say, a golf-ball sized piece of hail. I imagine there are a few places where a direct hit would cause serious injury, such as the front of the neck. But the chances of being hit exactly in one of these places seems almost impossible.

Being hit by a large piece of hail can do damage, but I'd expect a lot more damage from the golf ball than the hail, at least if it hits something hard like your skull. The hail will catastrophically deform (i.e., smoosh), using up some energy in the process, and a relatively small bounce. The golf ball, on the other hand, will have a mighty bounce, which means your poor skull gets to provide a lot more acceleration and therefore endure a larger impact force. Nevertheless, being hit by hail certainly can do damage. I think the reason that there aren't more injuries is that golf courses are big places, so the actual odds of being beaned just wrong are pretty small.

[pittpanther]

For a criminal prosecution

The prosecution doesn't have to be successful, for you to still have a very bad day as a result.

If the a**hole DA decides to press charges for assault, even thought the case is flimsy you will still be arraigned (fingerprinted, processed into the justice system, stand in front of a judge and plead guilty or not-guilty, etc). You will have to hire an attorney, at your own cost, and prepare a defense. If all you did was hit someone, and the police interview all witnesses who agree that it was completely accidental, the case will most likely eventually get dropped due to lack of evidence. I don't see how a DA could make criminal charges stick. Civil penalties are a whole 'nother ball of wax, however...

[SpoiledRotten]

Here's a tidbit from Golf Digest.....

Head shots: Golf ball trauma Golf Digest, May, 2001 by Matthew Rudy 1 2 Next We first told you in our June 1999 issue (below) about the damage a flying golf ball can do to a golfer. In that test, scientists from the Institute for Preventative Sports Medicine in Ann Arbor, Mich., used a crash-test dummy and a machine that shoots golf balls to replicate real-life beaning scenarios outdoors. Those tests showed that an 85-m.p.h. shot to the frontal lobe--the thickest part of the skull--from 35 yards away will cause a nasty bruise, but has only a 1 percent chance of causing a life-threatening injury. In our latest test, the team shot balls at a dummy's forehead and temple in a lab. Early results show that the temple is by far the most dangerous place to get hit--a major artery runs just below the thin bone there. A severe injury is more likely than not. Related Results Mum killed by golf ball Freak golf accident kills mum Charity worker was hit by ball Man hit by golf cart in critical condition Mother dies after being struck by golf ball Bottle-smashing yobs are putting my pupils in danger says head So if someone yells "Fore!" duck, don't turn. For the complete test results, see golfdigest.com/lab.

Then, the next article I read after that one, told of a 66 year old grandmother being killed by a 271yd drive. Her son-n-law hit the drive that took her out.

[Uncle Peter]

Never hit any people or windows, But off the tee, If you see your ball going towards someone, you should yell "Heads" or "Four!!" just to give them a heads up.

[kevinbomb123]

My ball speed with driver is 148mph if that hits you in the head its going to SHATTER your skull and brain

[Wadess]

My ball speed with driver is 148mph if that hits you in the head its going to SHATTER your skull and brain

That 148mph is shortly after the tee. You're ball is going much, much slower at the end of the flight.

[jaj23]

Trust me, when your golf buddies are deposed under oath, they

If they are really your buddies...they won't be able to 'recall' what happened.