Q.
I was standing on the tee box at the golf course when a golf ball came flying and broke my two front teeth. The ball came from the next hole, and the person who hit the ball apologized to me, and I wrote down his name and information. The dentist said I needed dental implants, which would cost over $15,000. Who is responsible for this accident? And if the golfer who hit the ball refuses to pay, can I sue?
A.
Golf-related injuries are very rare, but when they do occur, they can be very serious. Traditionally, golf-related injuries involve golf balls that slice or hook. These golf ball-related injuries are usually caused by other golfers on the golf course or by spectators or passersby walking off the golf course.
Generally, if someone is injured due to a mistake or negligence, they are entitled to compensation for medical expenses, lost income from work, and pain and suffering caused by the injury. For example, if someone is in a car accident, the other driver who caused the accident is liable.
Participating in sports activities always carries some risk. Therefore, those who participate in sports should protect themselves from the risks inherent in sports, even if they are spectators. For example, there is a high risk of being hit by a hit ball at a baseball stadium, a tackle at a soccer stadium, and a golfer’s tee shot on a golf course fairway. The defense against these things is called “Assumption of Risk .” In other words, you should have some idea of the risk of injury that may occur when participating in a dangerous sport such as paragliding or when exercising. Therefore, assumption of risk does not apply to intentional actions.
However, if someone gets into a fight while playing golf and gets hit with a golf club, he can sue the person who hit him. This is not an inherent risk in the game. Also, a California court recently held that if a golf course is designed dangerously and causes injury, the golf course is liable for the accident. For example, if there is a tree that normally guards the tee shot from the tee box and the tree is not moved or replaced, the golf course is liable for the injury. Or if the golf course knew that the fence could hit the gallery, but did not raise the fence or change the path the gallery traveled, the golf course could be liable.
In your case, the person who hit the ball cannot be sued because he did not intentionally hit the ball toward you. However, you may be able to sue the golf course for a tee box that has been stripped of trees that were there to protect players. Or, if another similar injury occurred on the same hole where you were injured, you could argue that the hole was designed to be dangerous because the trees were not planted in a dangerous location. If you have suffered such a serious injury, you should contact an experienced personal injury attorney immediately.
Q.
I was standing on the tee box at the golf course when a golf ball came flying and broke my two front teeth. The ball came from the next hole, and the person who hit the ball apologized to me, and I wrote down his name and information. The dentist said I needed dental implants, which would cost over $15,000. Who is responsible for this accident? And if the golfer who hit the ball refuses to pay, can I sue?
A.
Golf-related injuries are very rare, but when they do occur, they can be very serious. Traditionally, golf-related injuries involve golf balls that slice or hook. These golf ball-related injuries are usually caused by other golfers on the golf course or by spectators or passersby walking off the golf course. Generally, if someone is injured due to a mistake or negligence, they are entitled to compensation for medical expenses, lost income from work, and pain and suffering caused by the injury. For example, if someone is in a car accident, the other driver who caused the accident is liable. Participating in sports activities always carries some risk. Therefore, those who participate in sports should protect themselves from the risks inherent in sports, even if they are spectators. For example, there is a high risk of being hit by a hit ball at a baseball stadium, a tackle at a soccer stadium, and a golfer’s tee shot on a golf course fairway. The defense against these things is called “Assumption of Risk .” In other words, you should have some idea of the risk of injury that may occur when participating in a dangerous sport such as paragliding or when exercising. Therefore, assumption of risk does not apply to intentional actions. However, if someone gets into a fight while playing golf and gets hit with a golf club, he can sue the person who hit him. This is not an inherent risk in the game. Also, a California court recently held that if a golf course is designed dangerously and causes injury, the golf course is liable for the accident. For example, if there is a tree that normally guards the tee shot from the tee box and the tree is not moved or replaced, the golf course is liable for the injury. Or if the golf course knew that the fence could hit the gallery, but did not raise the fence or change the path the gallery traveled, the golf course could be liable. In your case, the person who hit the ball cannot be sued because he did not intentionally hit the ball toward you. However, you may be able to sue the golf course for a tee box that has been stripped of trees that were there to protect players. Or, if another similar injury occurred on the same hole where you were injured, you could argue that the hole was designed to be dangerous because the trees were not planted in a dangerous location. If you have suffered such a serious injury, you should contact an experienced personal injury attorney immediately.