Is no win no fee / legal action good for the sport.

[Oddsocks]

After a recent post about someone being hit awith a ball there were two replies that worried me!

" Maybe time for a lawsuit "

&

" i would have swapped insurance details "

coming from a off road motorcycle background no win no fee claims against track owners and race clubs have serioulsy kitlled that sport and made it very expensive to compete in for the average clubman rider.

in teh last three years track fee's for the day have gone from £20 up to £30, and knowing a few track owners personally they have all said the same thing " insurance has trebled due to the people wanting to claim "

I can understand if someone is totally at fault, but we all get on the tee knowing that we could spray a ball wild and hit someone, and visa versa, but is legal action the way this sport needs to go.

It worries me that if we follow this attitude we could see green fee's rise the same as in my past sport solely for those who beleive " i have a right to claim " is the way forward.

Opening this up for discussion.

 

[USER1999]

Not a good thing, especially for minor injuries, but the law suit that caused all the problems was the one where a cabby had his eye socket smashed, went blind in one eye, and was unable to do cabbing any more. At that point, he had to sue, as he needed the cash.

 

[4_Putt_Specialist]

I think its a bit daft but there are cases for it, if someone drove off when it was obvious the group infront were in range and he hit them, its his own fault he sould face the concequences, whatever they are.

I do think the no win no fee has gone too far, I was driving home one day from work last year, on country roads and just round a blind corner there was a car parked up in the road, I couldnt stop and ran into the back of them, not hard. Quick as a flash a bloke got out of the passenger door shouting, i'm going to sue you, i've got whiplash my wife has whiplash and the kids have whiplash too.

He had parked there waiting for something to happen. I called the police and they said it was his fault.

 

[Oddsocks]

but surely we all accept the risks that we could be on the course and hit someone or be hit by someone.

If you beleive its a legal issue would personaly accident insurance not cover this.

What woreries me is if this continues, will we see courses ruined by nets between fairways & tee areas just because the red tape helf and saftey brigade got in our our sport?

 

[Oddsocks]

I do think the no win no fee has gone too far, I was driving home one day from work last year, on country roads and just round a blind corner there was a car parked up in the road, I couldnt stop and ran into the back of them, not hard. Quick as a flash a bloke got out of the passenger door shouting, i'm going to sue you, i've got whiplash my wife has whiplash and the kids have whiplash too.

He had parked there waiting for something to happen. I called the police and they said it was his fault.

I think your find any car crashes in country lanes remain 50/50 with no one party being liable so im lead to beleive

 

[Spartacus]

I called the police and they said it was his fault.

Somehow, I don't believe they would say this.

If a driver rear ends someone, it's always the fault of the driver who has done the rear ending.

 

[Oddsocks]

I called the police and they said it was his fault.

Somehow, I don't believe they would say this.

If a driver rear ends someone, it's always the fault of the driver who has done the rear ending.

Incorrect. My ex boss was rear ended in country lanes near us after a blind corner, after much battling with the guy who hit him it become apparent that in country lanes its 50/50, he had to pay for repairs to he's own car even though he was stationary

 

[HughJars]

The fact he was parked just round a blind corner, ie dangerously, not have something to do with it?

 

[4_Putt_Specialist]

The fact he was parked just round a blind corner, ie dangerously, not have something to do with it?

Exactly!

 

[Oddsocks]

The fact he was parked just round a blind corner, ie dangerously, not have something to do with it?

he was staionary about to turn right after a left hand blind corner. nothing he could do if he was waiting to turn

 

[Spartacus]

Driving too fast around a blind corner is a fault of the driver, not the parked car.

I wonder if there are any parking restrictions in place?

How is a driver meant to know what is around a blind bend? They cannot, so must drive accordingly in order to stop in time.

It could have been anything just around that bend.

Definitely the car driver at fault who rear ended.

 

[Oddsocks]

my boiss argued it for around 4 months with the insuarnce company's, police etc, 50/50 according to all parties and legal groups involved.

Anyway, back on track, about golf courses.

 

[medwayjon]

How long before we have yank-style ambulance chasing lawyers?

 

[4_Putt_Specialist]

Driving too fast around a blind corner is a fault of the driver, not the parked car.

I wonder if there are any parking restrictions in place?

How is a driver meant to know what is around a blind bend? They cannot, so must drive accordingly in order to stop in time.

It could have been anything just around that bend.

Definitely the car driver at fault who rear ended.

Solid white lines on the side of the road which unless im mistaken mean you cant cross unless you can cross completely ie no parking unless you can get the entire car over the line, thus keeping the carriageway clear.

As for driving slowly enough to stop, do you do much driving on country roads? This road is a no throughway I dont think I'd have been able to stop even if I was doing 20 mph.

Like I said the police stated it was his fault and his insurance paid for my repairs.

 

[Oddsocks]

their already here mate, just not on the courses yet which does worry me as there is no doubt as soon as they get here we have only two outcomes,

Increased green fee's or courses ruining with safety nets

 

[muttleee]

As for driving slowly enough to stop, do you do much driving on country roads? This road is a no throughway I dont think I'd have been able to stop even if I was doing 20 mph.

The onus is still on you to be able to stop within the distance you can see in front of you. If you can't do that, you're driving too fast, if you ask me. The stopping distance at 20 mph is only 40 feet!

Can you show us this blind corner on Google Earth? Is it a hairpin or something?!

 

[freddielong]

To me no win no fee legal action is not good for anyone or anything

 

[Oddsocks]

Exactly freddie you end up with over inflated costs for pretty much everything because of no win no fee solicitors

 

[chrisd]

I seem to remember the new government saying that they were concerned about Health & Safety being the cause of so much claims nonsense, and wanted to stop the silliness of some of the claims paid out that we all read about. They acknowledged that it wasn't the H & S's fault but that the no win no fee claiments were just scalping insurance companies, and the Government said they would look into altering the rules so that an accident was just that - an accident!- it isnt always somebodies fault


Chris

 

[19th]

This silly claiming is not new!

Twenty or so years ago we had a claim from a lady member who, on a short par three uphill over a pond, landed on the far bank of the pond and attempted to play her lofted club up to the green, thinned it, hit a large retaining stone on the grassy bank and sued the greenkeeper as he must have know she could have done herself an injury with the ball rebounding and hitting her!!

She won her case!!

The hole had to be realigned!