Golf On Trial

[DCB]

Came across this today.

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-15174271

It'll be interesting to see the outcome of this one as it could have far reaching repercussions for all who take to the golf course.

 

[thecraw]

America has a lot to answer for.

I've been hit on the back, the neck, the thigh and also a full blown driver into my chest from about 100 yards away and never once have I thought about legal action. Your on the golf course then there is that slight chance that you'll attract a wayward golf ball.

Knowing our pathetic court system now and factoring in that the PC world has gone mad this guy will probably win his case and golf memberships will increase again to satisfy hungry insurance companies who will insist on strickter policies.

Yes its a tragic accident and I would hate to lose an eye but for christ sake the guy knew he was on a golf course.

 

[Smiffy]

Yes its a tragic accident and I would hate to lose an eye but for christ sake the guy knew he was on a golf course.

Sadly Crawford, if the scumbag solictiors get their way, that will count for nothing.

 

[StrangelyBrown]

He said he was "very anxious" when the ball ended up going towards a group of four people.

Mr Gordon said: "On the shout of fore three people went down."

But he added that the fourth member of the group was "looking towards the sky".

If true, the cyclops is something of an idiot.

 

[chris661]

If true, the cyclops is something of an idiot.

Darwin awards????

Want a clown looking at the sky

 

[DaveM]

You need a disclaimer in the club house, pro shop on the card etc. Along the lines of. people play this course, at there own risk ect. (not really worth the paper it written on though). Failing this no one allowed on course without insurance. In this "nanny state" this is going to happen more. As it has in other walks of life. Its no good moaning about it. Thats just life in this day and age.

 

[bladeplayer]

guy hit said " he had ducked and put a hand up when he heard a shout of "fore".
Mr Gordon said: "On the shout of fore three people went down."
But he added that the fourth member of the group was "looking towards the sky".

When you hear two peoples account of the same accident it makes you wonder about history doesnt it ?

If the 18th crosses the hole this guy was on & there are no signs to warn visitors the club could be in bother , duty of care & that crap.. sad but true .

 

[Ethan]

Being on a golf course doesn't indemnify someone for negligence, no more then being in an operating theatre indemnifies the surgeon for mistakes made on a patient.

The test should be whether someone was behaving negligently. If someone was playing the game normally (i.e. not deliberately hitting golf balls at the car park, and not trying to hit another player on the course), then the case should fall, but if someone was being an arse and acting recklessly taking a risk of injuring someone, then any legal protection of a sign or disclaimer should be forfeit.

 

[DCB]

I once was a member at the club where this unfortunate accident took place. Granted that was a long time ago and it was only a 9 hole course at that time. However, even then there were holes within close proximity of each other and keeping a watch on others and shouting fore for loose shots were common practice.

Although the poor chap has had a devastating injury, it's the no win no fee ambulance chasers that are really the problem. Golf will always be a game where you stand the chance of being struck by a ball. It's part of the game really. What we have to do is stick to the old adage, ' if in doubt .. shout' and make sure it's a loud shout not just a gentle fore but a real FORE !!

 

[StrangelyBrown]

' if in doubt .. shout' and make sure it's a loud shout not just a gentle fore but a real FORE !!

And for goodness sake keep your head down and face covered until after you hear the ball land.

 

[JT77]

Its unfortunate what happened, but the ambulance chasers are now affecting all parts of life, it is getting a lot more like the US where they sue for obscene amounts for anything.
The chap who has hit the man has obviously shouted loudly enough for the other 3 to drop down, so imo he has done all he can after the shot has been played.
for the injured chap to suggest knowledge of the course impaired his decision to duck as he did not know where the ball is coming from is a poor excuse in my opinion, if someone shouts fore, i duck regardless of where i think the ball is, perhaps if the injured man had done this he would not have suffered such an injury.

 

[pokerjoke]

I have sympathy for the man.
This is definately a "where theres blame,theres a claim,of course this has to be proved.
Every club should do there very best to warn golfers if theres a potential danger,where holes cross.
However side by side you have to rely on the golfers to shout.
My problem would be the shout of FORE is it really enough.
I always point and shout some info as well,like fore on the tee etc.
Also look how long this case has taken,over 5 years,this guy has had no sight in that eye,i coudnt imagine the
pain and trauma.
Of course money might not help.
The question about everyone having insurance,well everyone knows the risk,some people protect,some dont.
If you dont,then you cant complain unless as someone said,someone was playing silly buggers.
Also theres an argument about the level of player playing the game,even though it could be a low handicapper that hits someone,surely theres a slightly higher risk of being hit by someone spraying it all over the place.

 

[CMAC]

I adopt the 'turn away from the shout, put both arms around my head and squat down' if its going to hit it will be sore but at least hit the fleshier part of me. I do feel sympathy though as he maybe plays once a year so not that experienced.
Hindsights a wonderful thing though.

 

[Smiffy]

Hindsights a wonderful thing.

Especially when looked at through two eyes

 

[ADB]

I know this is slightly off at a tangent, but I am in favour of paying a premium on top of a green fee for insurance whilst playing. As a fairly infrequent player, I do not feel the need to purchase insurance on an annual basis, my clubs are covered under my home policy.

When I played at Crowborough Beacon GC, they always added a couple of pounds to the green fee, I was happy to pay, that covered you for this type of horrific incident (unless you proved you currently held golf insurance).

It is a sign of the times unfortunately but (I imagine) the time that Niddry Castle has spent being involved in this dispute might well have been mitigated by a pay-as-you-play insurance option.

 

[need_my_wedge]

Whilst this is an unfortunate accident, this is a risk that we all take when we step on the golf course. We all hit wayward shots at times, including the professionals (who don't always shout FORE- another thread), we should always ensure that we shout hard and loud in the event of hitting such a shot, and we should all duck and cover when we hear the call. There aren't too many more ways to protect each other in this kind of situation than that.

 

[Dodger]

The club should be covered Insurance wise,if they are not then that's bad management.Companies have these as part of the premium although I know of a club that had it as part of the insurance but didn't care to check and also decided to take out a separate policy to cover them!!

 

[elliottlale]

think he will get a glass eye with 'Titleist 1' written on it?

 

[Fyldewhite]

The test should be whether someone was behaving negligently. If someone was playing the game normally (i.e. not deliberately hitting golf balls at the car park, and not trying to hit another player on the course), then the case should fall, but if someone was being an arse and acting recklessly taking a risk of injuring someone, then any legal protection of a sign or disclaimer should be forfeit.

I agree with this but you have to look at what negligence could mean. None of us would (I hope) tee off when the group in front are in range. How many of us though would do so when a group are on the next fairway maybe 50 yards off line and perhaps 150 yards away. It could be very easily argued that to do so would be negligent given the likelyhood of an errant shot.

Two weeks ago I was struck full in the face by a guy who had teed off into a howling gale in just those circumstances. I was very lucky as it hit me just above my mouth. A half inch lower and I'd have been spitting out teeth, an inch higher and I may have been in the same boat as this unfortunate guy. If I had been hurt badly I would have taken him to the cleaners so he was very lucky too. The problem with most golfers is that they never consider the possibility that they will hit a bad shot. The law will factor the likelyhood of that in when assessing if his actions were negligent, in the circumstances, at the time. Every case is different though.