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Dannyj1984

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Just been reading about a guy who was awarded 400k in damages after loosing an eye from a stray ball (30% hitter and 70% golf club) not sure how the golf club are liable but...)

Made me think should I be buying separate golf insurance? I am sure I read that the green fee includes some personal liability insurance, is this right? Where I played on Tuesday had quite a few house dotted around and on the 16th there was a big house 50 yards to the right of the hole (260 yard par 4) so must be plenty of people who go for the green and slice it. Same on the the 18th with a house probably 20 yards to the right of the fairway albeit about 300 from the tee, but still very much in harms way.

Do other people all have separate insurance to cover smashing windows, hitting other players?

Danny
 
Not sure why I think this but I thought to be liable for damages one would need to do something wrong (other than an errant shot) like hitting towards people in view etc and that if it was just a poor shot then a damages payment wouldn't necessarily apply

Don't they have to confirm some level of responsibility i.e poor signage by the club, reckless shot etc

Was there not a case where the player hitting the ball hadn't actually done anything irresponsible so no payout to the injured party

I think about insurance cover each time one of these threads comes up but never got round to it yet
 
Not sure why I think this but I thought to be liable for damages one would need to do something wrong (other than an errant shot) like hitting towards people in view etc and that if it was just a poor shot then a damages payment wouldn't necessarily apply

Don't they have to confirm some level of responsibility i.e poor signage by the club, reckless shot etc

Was there not a case where the player hitting the ball hadn't actually done anything irresponsible so no payout to the injured party

I think about insurance cover each time one of these threads comes up but never got round to it yet
Just seen some advertised which includes 3 free rounds of golf, £25 for the year for the basic cover £1250 for clubs 5million public liability plus some other bits and pieces plus if you recommend someone then you both get a dozen srixon ad333. So doesn't seem bad at all,

Danny
 
Get insurance now, it is fairly cheap and it is too late to start wondering when you do hit someone/something.

Lot better to be safe than sorry
 
Just seen some advertised which includes 3 free rounds of golf, £25 for the year for the basic cover £1250 for clubs 5million public liability plus some other bits and pieces plus if you recommend someone then you both get a dozen srixon ad333. So doesn't seem bad at all,

Danny

Cover levels sound fine, genuine question though that might be answerable from the small print: Are you still covered if you hit a ball and injure a player who's group are visible on a tee-box 200 yards ahead & to the right of where you are? (i.e their hole/tee is adjacent to your fairway) or if you drive up to the group ahead and hit a 'worldy' and skull one of them, or is the policy invalidated by your actions?
 
I remember a case a few years ago that came to prominence. Bascially for the ball striker to be prosecuted there needs to be a level of recklessness or negligence. Therefore hitting a shot when people are clearly in range is both, even if you then shout fore. Let's say you see a random ball on the fairway and hit it out of the way. If that hits someone that would also be reckless as it was unnecessary, it was not part of the game. If you hit a shot, hook it, it hits someone and you don't shout fore, that is negligent. However, hit a shot, pull it or hook, shout fore and hit someone on a different fairway, not guilty. That is a golfing accident.

Golfers on a course, like all sportsmen, accept a level of risk when they walk onto a course and so just being hit is not a reason to be sued. Basically, follow good etiquette, common sense and you will be okay.
 
I remember a case a few years ago that came to prominence. Bascially for the ball striker to be prosecuted there needs to be a level of recklessness or negligence. Therefore hitting a shot when people are clearly in range is both, even if you then shout fore. Let's say you see a random ball on the fairway and hit it out of the way. If that hits someone that would also be reckless as it was unnecessary, it was not part of the game. If you hit a shot, hook it, it hits someone and you don't shout fore, that is negligent. However, hit a shot, pull it or hook, shout fore and hit someone on a different fairway, not guilty. That is a golfing accident.

Golfers on a course, like all sportsmen, accept a level of risk when they walk onto a course and so just being hit is not a reason to be sued. Basically, follow good etiquette, common sense and you will be okay.

Negligence!, thank you, that's the word I was looking for ;)

Yeah I was thinking same. Simply hitting a golf ball during play isn't being negligent (even if its a hook or slice). Hitting it when you can see someone could get hit (however remote & even if its a hook or slice) does carry a level of negligence

I'd imagine a golf insurer is no different to any other I've experienced, their purpose is to not pay-out (regardless of who's to blame)

So if its proven a player has been negligent, will that in itself void the golf insurance policy i.e does the small print say that at all times the insured must act with a level of care while playing etc, such that they'll tell you to do one if its proven you didn't take enough care when you injured someone, meaning the very players that could really do with having their game insured wouldn't actually be covered if they do hit someone!
 
Slab - sounds about right. At that point they become personally liable so they still get sued but their house, savings or other assets gets taken off them to pay the injured party rather than the insurer paying out. So, think before you next try your Happy Gilmour shot or decide to frighten the slow playing group in front by fizzing one past them!
 
I remember a case a few years ago that came to prominence. Bascially for the ball striker to be prosecuted there needs to be a level of recklessness or negligence. Therefore hitting a shot when people are clearly in range is both, even if you then shout fore. Let's say you see a random ball on the fairway and hit it out of the way. If that hits someone that would also be reckless as it was unnecessary, it was not part of the game. If you hit a shot, hook it, it hits someone and you don't shout fore, that is negligent. However, hit a shot, pull it or hook, shout fore and hit someone on a different fairway, not guilty. That is a golfing accident.

Golfers on a course, like all sportsmen, accept a level of risk when they walk onto a course and so just being hit is not a reason to be sued. Basically, follow good etiquette, common sense and you will be okay.

Don't agree. Hitting a shot in the full knowledge that it could become a lethal missile heading down the wrong fairway where other players are located can...and has.... been seen as negligent. We all do this all the time and it's down to your own judgement/ability as to what the acceptable risk is for you as an individual. Common sense dictates this but that doesn't alter the law's interpretation when (exceptionally) things go wrong. It's not enough to shout "fore" and it's not the other guys fault for being on a golf course. The courts don't look at "golfing accidents" they look at the facts......you knew there was a possibility of a poor shot.....you knew they were in range......you pulled the trigger regardless. I'm not suggesting for a minute that we never take a shot when anyone if within 250 yards but insurance is the only sensible option to cover that 1 in a million situation that could ruin your life....as well as somebody elses.
 
If that was the case then you would never have fairways running alongside each other. There is an acceptance when you walk on a course that accidents can happen, same as in other sports, football, rugby, cricket. If a fast bowler breaks the arm of a batsman can he be sued? No, because the batsman has accepted the risk that the game poses. If the bowler deliberately threw the ball at the batsman, not the stumps, not bowled then they could be sued. Same in rugby or football. Do rugby players get prosecuted for assault when they tackle someone, even when they tackle incorrectly? No, as long as they are not deliberately trying to injure someone.

Shouting fore is part of the process but that alone is not enough. The shot has to be taken sensibly, when it is safe to do so and in the direction of the hole or as part of the hole. Golfers have to take due care and if they do that then they will be okay.
 
I bought golf insurance after one of our members sued another member, after being hit by his wayward drive. They settled out of court for £10,000, not sure how much of that the club paid.
 
If that was the case then you would never have fairways running alongside each other. There is an acceptance when you walk on a course that accidents can happen, same as in other sports, football, rugby, cricket. If a fast bowler breaks the arm of a batsman can he be sued? No, because the batsman has accepted the risk that the game poses. If the bowler deliberately threw the ball at the batsman, not the stumps, not bowled then they could be sued. Same in rugby or football. Do rugby players get prosecuted for assault when they tackle someone, even when they tackle incorrectly? No, as long as they are not deliberately trying to injure someone.

Shouting fore is part of the process but that alone is not enough. The shot has to be taken sensibly, when it is safe to do so and in the direction of the hole or as part of the hole. Golfers have to take due care and if they do that then they will be okay.

Take your point on other sports but contact sports and bat/ball sports are not really a direct parallel. From a common sense point of view I totally accept what you are saying but I don't think it's right to say ".......you will be okay". Common sense sometimes isn't enough. Insurance is there and I'd recommend it just for peace of mind if you hit a building or a car etc. Never mind cause a serious injury.

Here's an example of how the courts may (and I stress "may") interpret things: http://www.brodies.com/node/5123

The key statement by the judge is this: Mr Muir ought to have been aware that bad, or indeed very bad, shots were occasionally struck by all golfers. Mr Ure’s party ought therefore to have been in Mr Muir’s contemplation at tee off, and his failure to consider them amounted to negligence.
 
I agree with you on insurance and obviously judges can interpret situations in different ways. Things are rarely cut and dried in the legal world even when it seems obvious to normal people. It would be my luck to pick a golf hating judge if I was ever hauled up in front of the courts.
 
Great thanks for all the replies, I'll sign up for some insurance for sure! 24 for the year including 3 free rounds is a no brainier really. Does anyone use golfcare out of interest? Can both get a free set of srixon balls if someone refers? Or if anyone is interested in signing up I'll pass on my referral code 👍🏼 I'll make sure to read the small print,

I'm likely to be the one faster players are smashing a drive past though 😳

Danny
 
I have it with Golf Care just for the free balls and rounds really, some nice courses on there I have played now with my mate. Suppose the cover is nice to have too.
 
Take your point on other sports but contact sports and bat/ball sports are not really a direct parallel. From a common sense point of view I totally accept what you are saying but I don't think it's right to say ".......you will be okay". Common sense sometimes isn't enough. Insurance is there and I'd recommend it just for peace of mind if you hit a building or a car etc. Never mind cause a serious injury.

Here's an example of how the courts may (and I stress "may") interpret things: http://www.brodies.com/node/5123

The key statement by the judge is this: Mr Muir ought to have been aware that bad, or indeed very bad, shots were occasionally struck by all golfers. Mr Ure’s party ought therefore to have been in Mr Muir’s contemplation at tee off, and his failure to consider them amounted to negligence.

This actually happened at my club , and the law can be an Ass sometimes.
That is why i got insurance ASAP after that unfortunate incident.
 
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