Thoughts on Golf Tourney Accident

Shmuley

Heisman
Mar 6, 2008
24,414
12,618
113
Bear in mind that this accident occurred in France. Code based civil law. The complexity of jurisdictional and choice of law considerations makes the case nearly impossible to meaningfully handicap.
 
Mar 3, 2008
243
0
0
The following was on a PGA Tour ticket in 2014. I assume it's there or possibly even something more defining that you enter at your own risk.

" By utilizing this ticket or entering onto the grounds of the Tournament you voluntarily assume all risk and danger incidental to the game of golf , whether occurring prior to, during or subsequent to the actual event, and release PGA TOUR Inc., the host site, title sponsor, presenting sponsor, television broadcasters, vendors, volunteers, Bruno Event Team, LLC, Greater Des Moines Community Foundation, participating players, and all agents thereof from any all liabilities resulting from such cases. It is further understood and agreed that this waiver, release and assumption of risk is binding on your heirs and assigns. "
 

Shmuley

Heisman
Mar 6, 2008
24,414
12,618
113
On U.S. soil, that waiver probably works .... unless the injured party is a minor or non compos mentis.
 

TXDawg.sixpack

All-Conference
Apr 10, 2009
2,635
2,697
113
You got a link to the story? I'm having trouble finding anything.

Nevermind. Just found it. Didn't realize it was the Ryder Cup.
 
Last edited:

TXDawg.sixpack

All-Conference
Apr 10, 2009
2,635
2,697
113
To answer your question, I view it as she assumed the inherent risk by attending the tournament. She was apparently 300 yards down-range from the tee shot. The golfers in the group state that they yelled "fore" as soon as they realized the shot was errant.

I don't see her as having much of a case.
 

johnson86-1

All-American
Aug 22, 2012
15,263
5,801
113
To answer your question, I view it as she assumed the inherent risk by attending the tournament. She was apparently 300 yards down-range from the tee shot. The golfers in the group state that they yelled "fore" as soon as they realized the shot was errant.

I don't see her as having much of a case.

Getting hit in the eye by a 300 yard tee shot on a hole you are watching really is on the fan. If it was a shanked ball right off the tee or if they got hit by a ball coming from another hole, that would maybe be different.

That said, I also wouldn't have a problem if golf events had strict liability for permanent disabilities to bystanders caused by being hit by a golf ball or club. No pain and suffering and no recovery for injuries that aren't permanent, but it's so rare that it happens, it seems like it would be affordable to insure against instances where somebody's eye is exploded or they end up with brain damage or something.
 

UpTheMiddlex3Punt

All-Conference
May 28, 2007
18,204
4,347
113
Anything incidental to the game of golf is probably not grounds for suing. Getting hit by a ball, a club head that breaks off, or tripping over a divot and you are out of luck. If the guy holding the placard with the players' scores accidentally whacks you in the head with the placard, you likely have grounds for suing since the placard is something not incidental to the game.
 

thf24

Redshirt
Jan 28, 2011
1,334
3
38
Getting hit in the eye by a 300 yard tee shot on a hole you are watching really is on the fan. If it was a shanked ball right off the tee or if they got hit by a ball coming from another hole, that would maybe be different.

I think I read the other day that the only reason she may have a case is that none of the marshals yelled fore or otherwise alerted the crowd to an incoming ball.
 

Cooterpoot

Redshirt
Aug 29, 2012
4,239
2
0
I can't see how they won't get some money. You're just blind to the lawsuit culture if you can't. But, I'll keep an eye on it. It could blow up and become a bloody mess.
 

MSUDawgFan86

Redshirt
Aug 14, 2017
1,331
1
0
My thoughts are it really sucks for the person but unfortunately it’s the risk you took when you came to the Ryder Cup. That is a possibility. It’s awful, awful luck but it’s BS to sue.
 

bruiser.sixpack

Redshirt
Aug 13, 2009
7,346
0
0
Not totally up to speed on it because I didn’t watch the tourney.... but based on the results, I assume a USA player hit the errant shot. I also assume they hit many errant tee shots, second shots, pitch shots, putts, and probably urinated all over the floor when trying to hit the toilet bowl.
 
Maroon and White

Latest

  1. 01 Maroon and White Basketball Sam Purcell praises Mississippi State's offensive breakout: "The way they played at UT Martin was what I've been seeing in practice"
  2. 02 Maroon and White Football Mississippi State Week 11 Preview: Auburn Players to Know
  3. 03 Rivals Football Recruiting JUCO Intel: Top recruits taking mid-week, final officials before decision time
  4. 04 Maroon and White Mississippi State S Kendel Dolby speaks on defensive adjustments ahead of Auburn game
  5. 05 Maroon and White Basketball "His part in our team, no coach can do": Josh Hubbard impact felt on the court and in the locker room as much as in the record books