No legal case for being hit by a ball on the course

dufferman

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Last week there was the 'sue the course for ice thread' which everyone had a good old moan about - but this weekend I was playing with my usual lot on a public course - pay & play, no members.

On the par 3 17th my playing partner topped a tee shot and it flew along the ground at some speed, heading right towards trees. We knew that the group in front had teed off & their bags were at the top of the path to the 18th fairway, the other side of the trees my playing partners ball was heading towards. We both gave a shout of fore, even though the ball was ground-bound rather than air-bound. He went off to his bag and got a second ball to fire up another one, whilst I hit a blinding tee with my pitching wedge 10 foot from the hole. As my ball landed, two of the guys from the group ahead wandered onto the 17th green and started to shout 'you've hit him'.

We wandered down to the group ahead, not quite understanding what had happened. As we got there we saw a lad, probably about 30 / 35, sitting down. Turns out, the first ball my playing partner hit had jumped up and hit the poor sod square in the face. His glasses had broke and he had a bloodshot eye - however, he was ok and just a bit shocked. An ambulance was called as a precaution but he was ok to walk up the 18th fairway to it in the carpark.

Details were exchanged, and they shook hands. Apparently they hadn't heard the call of fore, even though 2 of us had shouted. To say the least we were all a bit shook up, mainly for the site of the guys bloodshot eye and the reality of the ball jumping up and hitting him.

I 3 putted. Awful.

Anyhow, later on on Saturday, my playing partner called up a solicitor (free legal advice from a bank, apparently), and he talked the advice line through the incident. The outcome was, if the guy had of wanted to sue my mate, he wouldn't have a leg to stand on, we did all we could (shouted fore) to inform them a ball was coming their way. It's a risk that is taken on a public course and the moment you walk out on the course you can't really win a court case if you get hit. A bit like being hit in the face by a football at a game because you're sitting behind the goal and a player misses the goal.

My said he'd put money towards a new set of glasses as a token of goodwill. It was interesting though, because we all let our golf insurance lapse in October and he started to regret the decision. However, how can that one particular golf insurance company claim a golfer was sued for £400,000 because another golfer lost his eye if a legal firm say that there's not a leg to stand on? Is it to do with loss of earnings / disability? Would it be different on a private members course?
 

Jay Gee

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This is the £400k case http://www.dailymail.co.uk/news/article-2057715/Golfer-lost-eye-hit-ball-wins-400-000-damages.html
and this is a more recent one, yet to reach verdict http://www.express.co.uk/news/uk/378917/Golfer-sued-for-half-blinding-man

In these increasingly litigious times spurred on by injury lawyers, I wouldn't want to be involved in a similar case regardless or the possible outcome. Just defending yourself against a claim could cost a fortune. Having only just started playing, I first checked if my home insurance covered me for golfing accidents. It didn't, so I got golf care for £25. Got 3 free rounds of golf too so was an easy decision for me.
 

Foxholer

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Anyhow, later on on Saturday, my playing partner called up a solicitor (free legal advice from a bank, apparently), and he talked the advice line through the incident. The outcome was, if the guy had of wanted to sue my mate, he wouldn't have a leg to stand on, we did all we could (shouted fore) to inform them a ball was coming their way. It's a risk that is taken on a public course and the moment you walk out on the course you can't really win a court case if you get hit. A bit like being hit in the face by a football at a game because you're sitting behind the goal and a player misses the goal.

My said he'd put money towards a new set of glasses as a token of goodwill. It was interesting though, because we all let our golf insurance lapse in October and he started to regret the decision. However, how can that one particular golf insurance company claim a golfer was sued for £400,000 because another golfer lost his eye if a legal firm say that there's not a leg to stand on? Is it to do with loss of earnings / disability? Would it be different on a private members course?

H'mm!

I believe that was the Solicitor's Opinion. My understanding is that unless there is a precedent - and there may well be one - then each case has to be measured on its own - and that can only be done via courts/judgement - after which that becomes a precedent.

Does seem that Golf Insurance is cheap for peace-of-mind though.
 

mab

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That £400k case was an absolute disgrace in my opinion.

The claimant is a good representation of what is bad with this country and Lord Brailsford is, quite simply, a huge disappointment for upholding such an unfounded claim.

This sort of thing absolutely infuriates me...
 

dufferman

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H'mm!

I believe that was the Solicitor's Opinion. My understanding is that unless there is a precedent - and there may well be one - then each case has to be measured on its own - and that can only be done via courts/judgement - after which that becomes a precedent.

Does seem that Golf Insurance is cheap for peace-of-mind though.

Tell me about it - £25 is nothing compared to the peace of mind knowing if anything happened, you're covered!
 

GB72

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I do have insurance in place simply because, as mentioned above, the up front cost of defending such an action can be huge irrespective of the merits of the case. Yes you may be able to claim costs back but you still need to stump up cash to get this far.

That said, I look at the premiums and think that even the insurers were surprised by that ruling. The level of premium is normally based on the level of risk of a successful claim and the fact that you can get covered for £25 for a year suggests that the insurers really did not think that a successful action was that likely. If these cases continue with successful actions then I can see golf insurance costing 10 times what it does now.
 

kev_off_the_tee

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I was in the process of swapping from golf care to e&l and wasn't covered for 1 round. I wasn't comfortable playing so as already said. Peace of mind for a grand sum of £2.29 per month
 

FaldosJumper

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That £400k case was an absolute disgrace in my opinion.

The claimant is a good representation of what is bad with this country and Lord Brailsford is, quite simply, a huge disappointment for upholding such an unfounded claim.

This sort of thing absolutely infuriates me...

I think if I lost an eye I'd be doing the same, I won't go into the rights and wrongs as I recall it we had a big old thread running on it. However, like everyone has said precedent is there for us all to follow now.
 

sydney greenstreet

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That £400k case was an absolute disgrace in my opinion.

The claimant is a good representation of what is bad with this country and Lord Brailsford is, quite simply, a huge disappointment for upholding such an unfounded claim.

This sort of thing absolutely infuriates me...
Are you SERIOUS ? the guy loses an eye while out playing golf like most of us do and he is (as you put it) what is bad with this country ? get a grip.
 

ludders

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I wouldn't trust the advice from these "free with bank advice lines" I had a serious accident at work and was told by these people I didn't have a claim so I pursued it through a law firm who took it on and as soon as the company received a letter from my solicitor they admitted full legal liability. Took 5 years to finalize though.
 

HomerJSimpson

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I wouldn't take the risk and certainly wouldn't take the information on a free advice line as gospel. I pay for my insurance primarily for the liability cover and not really for the theft/loss element
 

Five&One

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That £400k case was an absolute disgrace in my opinion.

The claimant is a good representation of what is bad with this country and Lord Brailsford is, quite simply, a huge disappointment for upholding such an unfounded claim.

This sort of thing absolutely infuriates me...

I think suing where there is reckless conduct by an individual or reckless disregard of health and safety by a club, is perfectly acceptable. I think both of those things were present in the 400k case. If you've simply been hit by a stray shot then its hard to see how you have a claim since you accept the risk associated with playing in close proximity with other golfers.
 

DappaDonDave

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I play golf, I accept the risks, I'm not insured, if someone wants to sue me for hitting them, they'll need to find my details.

Like mentioned above, it's like suing a footballer who smashes a penalty over the bar and in to your face. Or breaking a finger playing 5 a side...GET A GRIP.
 

shivas irons

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I personally think that it should be mandatory to have golf insurance just to play as both parties are covered and its stress free all round.I actually played on a course a few years back where if you didn't have golf insurance you had to pay an extra £2 on top of the green fee to cover you,great idea :thup:
 

shivas irons

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I play golf, I accept the risks, I'm not insured, if someone wants to sue me for hitting them, they'll need to find my details.

Like mentioned above, it's like suing a footballer who smashes a penalty over the bar and in to your face. Or breaking a finger playing 5 a side...GET A GRIP.
Hmmm........
 

DappaDonDave

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I personally think that it should be mandatory to have golf insurance just to play as both parties are covered and its stress free all round.I actually played on a course a few years back where if you didn't have golf insurance you had to pay an extra £2 on top of the green fee to cover you,great idea :thup:

Hmmm........

Hmmm indeed, £2 cover you for a £400k bill?...
 

stevelev

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I play golf, I accept the risks, I'm not insured, if someone wants to sue me for hitting them, they'll need to find my details.

Like mentioned above, it's like suing a footballer who smashes a penalty over the bar and in to your face. Or breaking a finger playing 5 a side...GET A GRIP.

Disgusting attitude to the welfare of fellow golfers who play this game for leisure and the pure love of it, and if someone in your position injured a third party and avoided responsibility or even worse to give personal details to avoid it is a serious moral problem on some bodies part.

I'm insured purely incase the event ever arose and someone was injured 'by accident' as a result of my wayward shot...and personally could not be content if someone had been injured and any part of their life affected by my game. For the measly cost of around 33p per game for the assurance that other people will be recompensed should my game affect them is negligible. I dont see how anyone can play without cover, courses should not allow it, and other golfers should take a firmer stance with their playing partners.

I contacted golf care, and got a discount for all our society to join them. For us it works out at 28p a round.

How would people feel if an uninsured golfer shanked a shot and an unlucky strike killed or give a friend/ relative permanent damage. Would they have the same opinion or do you think they might say why wouldnt you pay a pittance to cover this eventuality.

NO GOLFER SHOULD BE ALLOWED TO PLAY UNINSURED AT ANY COURSE. Disgraceful if someone is not insured

Right thats my 10bobs worth.

What do you think, right or wrong
 
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