Injury on an icy course

[AmandaJR]

The club didn't handle it brilliantly BUT the very fear of being sued probably made them seek legal advice asap and hence their reaction.

Two wrongs don't make a right and pursuing them through the courts for an accident (they happen you know) just adds to the sue/defend culture.

I know of 3 female golfers who have either slipped on sleepers around a tee or down the slopes coming off greens. Two wrists and one ankle broken and never ever the glimmer of a thought that blame should be attributed anywhere and compensation sought.

It just doesn't sit right with me and I couldn't do it.

 

[Yer Maw]

Without having read any of the other comments I am of the opinion that you are wrong to sue. You couldn't gauge a slippery surpface when you see it and apply common sense. Health and Safety laws exist to try and factor in all forms of stupidity because of people like yourself who are always looking to blame someone for an 'accident'.
I am not going to resort to derogatory comments or a slanging match but this disgusts me.

 

[BTatHome]

I doubt the course management did anything but act exactly like the insurer instructed them to. In this day and age any 'gift' like those you mentioned could have been seen as an admission of guilt.

 

[Yer Maw]

and lets face it the only reason you are suing is to make money!

 

[Andy]

Since you never reported said accident on the day I'd say go and take a run and jump.

 

[williamalex1]

I just hope your not a member of my club.

 

[Kellfire]

So many of you would change your mind in a hurry if it was you.

 

[Colin2324]

I just hope your not a member of my club.

clearly not you'll no doubt be relieved to hear.

 

[williamalex1]

I have slipped and fell many a time, my own fault not the courses. You'll now be blamed for courses being closed for sake a touch of frost.

 

[MadAdey]

So many of you would change your mind in a hurry if it was you.

I think you have already made your point clear on this matter. It is never your fault and you will always try and blame someone else and if there is a financial gain to be had then even better.

 

[Colin2324]

I doubt the course management did anything but act exactly like the insurer instructed them to. In this day and age any 'gift' like those you mentioned could have been seen as an admission of guilt.

Dont do anything. Don't offer him anything. Don't speak to him. To me that is a bigger sign of guilt that a courtesy phone call would have been.

 

[Qwerty]

So many of you would change your mind in a hurry if it was you.

I wouldn't, and it has happened to me.

 

[Big_Rick78]

If everyone who fell on a golf course, ice or not sued then we wouldn't be able to play anywhere. Green fee's would rise, membership costs would rise.

I had an incident playing football on a wet pitch, tore my cruciate ligament, ended up losing my job, did I sue? No, cos it was an accident, it was my decision to play, no one forced me on the pitch in the rain.

And I find it hard to believe that you managed to twist your foot back into position and walk to the nearest road.

 

[Imurg]

Just then I noticed a change in state of the ground. A massive area of solid ice where undrained water had frozen over. It didn't look any different because it has a layer of frost but it was like an ice rink underfoot.

This, for me, shows that you were aware of the potential danger and chose to carry on.
If you hadn't noticed a change then I think you may have had a case but you clearly knew there was ice/frost/slippy ground around.
I had an incident at work once. Some hydraulic fluid had leaked out of a Forklift truck overnight. The Facilities Manager had seen the leak when he opened the Warehouse but hadn't got round to doing anything about it.
I came round the corner and went my length on the fluid, damaging my knee to extent of needing 3 operations on it.
Now in that case I was able to claim as I had no knowledge of the spill, there was no warning and there was no way I could have known.
It could be said that you must have had a reasonable idea that there was a possibility of going A over T so should have taken appropriate care.
This accident could have happened on a rainy day with a similar outcome. The club can't close the course just because there's a possibility that someone might conceivably slip and hurt themselves.

Having said that I, too, have had a broken ankle - and a bad one at that - so I feel your pain and hope you recover well...

 

[Colin2324]

I have slipped and fell many a time, my own fault not the courses. You'll now be blamed for courses being closed for sake a touch of frost.

Honestly I can accept your point of view on this as far as claiming or not claiming is concerned but that statement above is utter garbage.

 

[bluetoon]

This gets better and better :rofl:

I think iv'e got this right.

You chose to play golf over a 3mile stretch in freezing conditions with obvious frost on the ground. You lost your footing on a patch of ice, never told the club till the next day and got the hump because they didn't send you flowers.

You have my sympathy - Not

 

[jpenno]

Dont do anything. Don't offer him anything. Don't speak to him. To me that is a bigger sign of guilt that a courtesy phone call would have been.

No sign of guilt - probably an instruction from their insurer who faces a potential payout and dont want them to do anything that can be wrongly construed by you,

I wish you a quick recovery from your injury BUT

I hope you have insurance to cover their legal costs.

 

[Kellfire]

I think you have already made your point clear on this matter. It is never your fault and you will always try and blame someone else and if there is a financial gain to be had then even better.

Another thing I never said.

Why do you take my point and twist it to an extreme? What is the need? Don't you think that your opinion is strong enough given the situation being discussed without resorting to such a childish retort?

 

[sajkox]

Your just highlighting the problem with this new american style culture we are getting. HE chose to go out and play on an icy course and he got injured from doing it. While I have the up most sympathy for his injury and hope he makes a full recovery, it was the risk he took by going out onto a frozen course.

If came up your garden path and slipped over on ice, would you be happy if I sued you for £20K for loss of earnings, pain and suffering? No I thought not.....:mmm:

If I invited you to my garden and it was in condition that caused you injury it dsnt matter what I would want. There is law and according to it you have right to sue me. If due to current laws I was found responsible so be it, despite me hating you afterwards.
If you knew I was insured though and that you would get £20k for it but my insurance would go £20 more expensive per year would you pass by ? "No I thought not.....:mmm:"

However if this is the case im sure there are some clubs that cant afford the insurance,so
take the risk.

That would be example of total irresponsibility. Insurance is exactly for situations you can't predict but might be responsible for.

So going on your theory then every local council should shut every road down as soon as the first signs of ice start to appear, just in case someone was to drive on them before they had chance to grit them. As you are putting it, people can't make a judgement call by them self and need someone to guide them to stop them having accidents.

But council IS responsible for road conditions. You pay tax to be able to drive and if it was found that they could have done something to prevent accident then they are (at least partially) responsible for it.

I actually slipped down a bunker and broke my ankle 18 months ago. No work (so no pay) for 7 weeks! I didn't claim.

why? and if you knew that you should get few grand from insurance would you still not do it. why ? what is so noble about it ?

It almost seems like there should be shame if you use your rights. Its not people to blame for silly claims but laws that make those claims go through. And since silly claims are valid, insurance is absolute must. (not saying this claim is silly)

The case is not whether club is fully responsible but partially responsible. If they are found partially responsible they don't pay anything out their pocket. So why pass on occasion ?

As I said before I would prob go and talk first but seeing OP's last post I would defo proceed now.

I just don't get this discussion.
I do laugh hearing about ppl getting $2M because coffee was hot in a cup but not at people but system that makes compensation so frikin high.

I have only made one claim so far when I was hit by a car (mine got wrecked afterwards). Some guy said I should go to doctor and get papers but except for pain in the neck I felt ok. Without doctor visit my lawyers managed to claim £1k for health injury (no evidence). With any paperwork I would get plenty more. Guy who hit me lost his discounts anyway. With 'american blame mentality' I would have got few grand more. Its lost opportunity imo.

I do pick up money when I find them on the street. I do use coupons in supermarkets. I would sue insured company if I found I can get big bucks.

 

[Colin2324]

This gets better and better :rofl:

I think iv'e got this right.

You chose to play golf over a 3mile stretch in freezing conditions with obvious frost on the ground. You lost your footing on a patch of ice, never told the club till the next day and got the hump because they didn't send you flowers.

You have my sympathy - Not

No you haven't got it right.youve over simplified it, leaving out salient facts to suit your own agenda and youre not aware of other facts which would take me far too long to go into and which legally I daren't go into. But don't let that stop you rushing to judgement.

The validity of my claim isn't up for debate here, because it isn't decided by anyone on here.Its decided by an impartial and independent person of legal standing (if it ever goes that far) I was seeking opinion on whether it was right to claim or not in my circumstance, albeit there isn't the space here to fully explore all the circumstances. Nonetheless the answer seems to be a resounding NO.