Thoughts on Golf Tourney Accident

[tbaydog]

Suing?

 

[Shmuley]

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.

 

[Daddy Rabbit Dawg]

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]

On U.S. soil, that waiver probably works .... unless the injured party is a minor or non compos mentis.

 

[karlchilders.sixpack]

Something similar has been on the tickets for every PGA event that I have attended.

 

[TXDawg.sixpack]

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.

 

[TXDawg.sixpack]

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]

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]

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.

 

[msubrave]

If my eyeball exploded from a golfball, I'd probably try to sue also.

 

[thf24]

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]

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.

 

[Dawgbite]

If my eyeball exploded from a golfball, I'd probably try to sue also.

I personally think it is wrong to sue your parents for giving you genetically inferior eyeballs!**

 

[Maroon Eagle]

I love your insight.

 

[Shmuley]

I see what you did there.

 

[MSUDawgFan86]

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]

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.

 

[PineGroveBully]

French eyeballs are softer**