Kevin Stadler Slams Club, Club Breaks, Spectator Requires Stitches

[3jacker]

Here's some verbage from a recent PGA Tour ticket:

By entering onto the grounds of the Tournament using this ticket, you acknowledge and agree to the following: You assume all risk and danger arising out of your attendance including loss of your personal property, or personal  injury from a golf shot or by other spectators or players, and you hereby release TOUR, Salesmanship Club Charitable Golf of Dallas, Inc. (“SCCGD”), Salesmanship Club of Dallas (“SCD”), the host site, television broadcasters, sponsors, vendors and their respective affiliates, employees and agents, and all volunteers, participating players and caddies, from any and all liabilities arising out of such losses or injuries. 

Edited August 27, 2018 by 3jacker
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[Pretzel]

39 minutes ago, 3jacker said:

Here's some verbage from a recent PGA Tour ticket:

By entering onto the grounds of the Tournament using this ticket, you acknowledge and agree to the following: You assume all risk and danger arising out of your attendance including loss of your personal property, or personal  injury from a golf shot or by other spectators or players, and you hereby release TOUR, Salesmanship Club Charitable Golf of Dallas, Inc. (“SCCGD”), Salesmanship Club of Dallas (“SCD”), the host site, television broadcasters, sponsors, vendors and their respective affiliates, employees and agents, and all volunteers, participating players and caddies, from any and all liabilities arising out of such losses or injuries. 

That seems exactly like what I'd expect it to be, where you're more or less liable for your own safety on the course. Obviously if someone attacks your or if Craig Stadler had wrapped his iron around the neck of the spectator he would be liable because it's an intentional act, but otherwise most events have broad enough waivers to cover most any type of freak occurrence that could cause injury to avoid getting themselves sued into bankruptcy. 

What happened is unfortunate, but a good reminder for everyone of why you don't break your clubs. Not only would it cost an average golfer (like most of us here) a fair bit of money to regularly damage them but it could lead to larger issues when you don't have waivers for everyone around you to keep you from assuming liability.

Edited August 27, 2018 by Pretzel

[Patch]

I think this waiver could be argued that it does not apply in this situation other than it protects the tour. and it's sponsors. Maybe even the club manufacturer.  Stadler acted on his own in his brief moment of anger. 

The spectators has rights too. Those rights being he  can reasonably expect to to enjoy a pain free outing except for normal accidental injuries. Accidental covering clubs lost during the swing, errarant ball flights, twisting an ankle due to goler hole, and other normal stuff found at a sporting event. 

Stadler losing his temperi which caused the injury, does not fall under normal conditions. His actions were preventable, which makes the injury preventable. The fact that he didn't mean any harm to anyone, does not release him from his responsibility. 

I don't know if this has, or ever will make it into the courts some where, but I would have no problem betting that Stadler winds up on the short end of the stick in this issue. There is plenty lawsuits that have been won by the injured party, even though there were waivers in place protecting those deemed not responsible because of those waivers. 

I am watching an issue crawl through the local courts where a large company is being held redponsible for the actions of one of their guest, that caused fatalities, and injuries to others, who were not even on the property of said company. The company is expected to be held responsible due to lack of control on their property. This even though they have waivers posted all over their place.

The fact that this company has deep pockets, probably adds to their responsibilities just because. Might be the same for whatever tour, and/or parent company Stadler was in association with at the time of the injury.

[DeadMan]

No, it definitely applies to players injuring a spectator, assuming the Web.com waiver is similar. It's really broad (although not really well written, but I digress). Depending on Oregon law, there might be some leeway to get out of it, but it probably applies.

Edited August 27, 2018 by DeadMan

[3jacker]

16 hours ago, Patch said:

I think this waiver could be argued that it does not apply in this situation other than it protects the tour. and it's sponsors.

It specifically addresses the release of participating players and caddies.

But hey, the victim should take it to court if he wants to.  One never knows what'll happen there.

 

[rehmwa]

16 hours ago, Patch said:

Stadler losing his temper which caused the injury, does not fall under normal conditions. His actions were preventable, which makes the injury preventable. The fact that he didn't mean any harm to anyone, does not release him from his responsibility.

This - people should man up and own it when something happens due to their tantrums

When it's a tantrum, it's NOT an "accident".

(comment is about what's right vs wrong.  Different from what's legal or not)

[DeadMan]

27 minutes ago, rehmwa said:

This - people should man up and own it when something happens due to their tantrums

When it's a tantrum, it's NOT an "accident".

(comment is about what's right vs wrong.  Different from what's legal or not)

I think the players might generally take care of this stuff. Justin Thomas, in the No Laying Up podcast last week, said he got information from someone he hit with a ball to make sure he cover any medical expenses. He definitely doesn't need to do that per the terms of the waiver @3jacker posted above. Maybe that's just JT, but I feel like players might be doing that frequently. It's very possible that Kevin Stadler did that exact same thing. We don't know.

[rehmwa]

10 minutes ago, DeadMan said:

I think the players might generally take care of this stuff. Justin Thomas, in the No Laying Up podcast last week, said he got information from someone he hit with a ball to make sure he cover any medical expenses. He definitely doesn't need to do that per the terms of the waiver @3jacker posted above. Maybe that's just JT, but I feel like players might be doing that frequently. It's very possible that Kevin Stadler did that exact same thing. We don't know.

I like to think this also and for most players my impression of them is it's very likely (now impressions are based on little info)

I hope so.