£10,000 Compensation paid at Bellshill GC

virtuocity

virtuocity

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http://news.stv.tv/west-central/1321337-john-ure-given-10000-after-being-hit-on-head-at-bellshill-golf-club/

Shouting FORE isn't enough.

I know this discussion has been raised a number of times but, for me, I'm concerned about the current culture of 'sue the *expletive*'.

When I walk on to the golf course, I appreciate that there's a chance that I may be struck by an errant golf ball, be it from another fairway, or even a shank from a PP. I also know that I can hit wayward shots and minimise this risk by:

-Not hitting close to players in front
-Being aware of people within slice range
-Shouting FORE when unsure about where my ball is going (even if I'm 99% sure that there's no one ahead of me)

Whilst I hold golf insurance, I mainly do so to protect myself in case I am injured, not in case I injure another party.

Perhaps it's time that the governing bodies make it mandatory for all clubs to hold liability insurance, spreading the cost amongst its visitors and members or that waivers be signed before playing a round or taking up membership.

I say all of the above whilst happy that the 'victim' is OK.
 
Golfer awarded £10k damages.

An ex member of Bellshill GC was awarded £10k damages at the court of session yesterday. After claiming another players sliced tee shot hit him on the head.
I'm not sure who pays , the player, the club or both.
The judge stated the risk of an errant shot creating a danger to person in the position of the claimant was " foreseeable " .
 
virtuocity said:
http://news.stv.tv/west-central/1321337-john-ure-given-10000-after-being-hit-on-head-at-bellshill-golf-club/

Shouting FORE isn't enough.

I know this discussion has been raised a number of times but, for me, I'm concerned about the current culture of 'sue the *expletive*'.

When I walk on to the golf course, I appreciate that there's a chance that I may be struck by an errant golf ball, be it from another fairway, or even a shank from a PP. I also know that I can hit wayward shots and minimise this risk by:

-Not hitting close to players in front
-Being aware of people within slice range
-Shouting FORE when unsure about where my ball is going (even if I'm 99% sure that there's no one ahead of me)

Whilst I hold golf insurance, I mainly do so to protect myself in case I am injured, not in case I injure another party.

Perhaps it's time that the governing bodies make it mandatory for all clubs to hold liability insurance, spreading the cost amongst its visitors and members or that waivers be signed before playing a round or taking up membership.

I say all of the above whilst happy that the 'victim' is OK.
Click to expand...
Oops , didn't see this i just posted the same.
 
There is definately no excuse for not having insurance these days. It's cheap and covers so much more than damages it's worth it for the piece of mind.
 
So now you shouldn't tee off if someone is playing an adjacent fairway in case you hook/slice a ball? Get ready for the 10 hour round.......
Judges who know nothing about golf and so called "golf expert witnesses" are going to ruin this game. This is a ridiculous award!
 
One has to wonder why the guy didn't take cover - the other 2 did!
What was he expecring to happen?
If this tee shot is potentially dangerous then surely someone on the other fairway, bearing in mind a shout had already gone up for a wayward shot, would know there were players on the tee and should be taking note of their shots.
The guy got hit - fair enough. But he didn't exactly go out of his way to prevent it happening.
 
I've been hit 3 times, so £30,000 coming my way mmmmmmmm I just need to find where the culprits live now!
 
Rather a strange case. The story is not quite clear as it appears the £10k was an agreed compensation with the judge asked to attribute liability !

The payment may be apportioned between the club and the golfer, in a previous case it was 30% Club and 70% golfer.

I wonder where this leaves the Tour professionals who often do not shout 'Fore' and hit spectators with increasing regularity !
 
rickg said:
So now you shouldn't tee off if someone is playing an adjacent fairway in case you hook/slice a ball? Get ready for the 10 hour round.......
Judges who know nothing about golf and so called "golf expert witnesses" are going to ruin this game. This is a ridiculous award!
Click to expand...
It's always difficult to get beneath the issues of what to do when you appreciate that a risk exists; and what happens in the same situation if you don't (but it happens anyway).
However, I would take this further and go beyond delays and suggest that it is one step further along the route that suggests that we will not be able to play on any course where there is a public right of way (I have a number of courses I refuse to play for his reason already - Queens Park and Merrick in Bournemouth are examples and I'm getting close on Ashdown Forest). Striking a golf ball to a blind area in a public space doesn't make much sense to me (and being insured doesn't make it right in my mind either).

Regarding other players, which Rick is posting about, the club has to do all it can after which the fault is on the player and, realistically, that does mean that many players should wait a long time before playing many shots to reduce the risk to that seemingly deemed acceptable in law.

As with our largest public risk element - driving motor vehicles - it's rarely a matter of blame or fault, just restitution.
 
drdel said:
Rather a strange case. The story is not quite clear as it appears the £10k was an agreed compensation with the judge asked to attribute liability !

The payment may be apportioned between the club and the golfer, in a previous case it was 30% Club and 70% golfer.

I wonder where this leaves the Tour professionals who often do not shout 'Fore' and hit spectators with increasing regularity !
Click to expand...

Paying spectators contract which means that whilst you cannot contract out of a negligent action the spectator accepts the general risks associated with viewing.
Generally the degree of competence is accepted, and incidents involving spectators are inherently beyond the test of reasonably foreseeable (on a single shot by shot basis).
Also whilst the microphone doesn't pick up the shout you will get Marshall giving both visual and aural warnings to areas - that many spectators aren't paying any attention (and marshals at times) remains the biggest issue. Even if you know it's coming there's not a whole lot you can do when it was struck from over 300 yards away chances of seeing it coming are low!
 
It is very well worrying that this can happen if you hit an errant tee shot. But in reality if you have insurance it so nothing to worry about. In over 20 years of playing I have never hit another player or been hit myself, so the odds of being involved in this type of incident is very very slim.
 
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