Who is responsible when a serious injury occurs on a golf course? It depends. If a company or another person violates a safety rule or acts carelessly and causes injury, they may be liable. It is also true that it might not be anyone’s fault unless the injured person can prove that someone on the golf course, the owner and operator, or another entity was negligent.
In an Illinois appellate court case, two golfers were playing together when one struck the other in the head with a ball. The injured golfer sued for negligence.
The court ruled that the injured golfer had assumed the risk by voluntarily participating in the sport. Because the golfer who hit the ball did not act with willful and wanton misconduct, he was not held liable.
To learn more about legal claims after golf course accidents, visit our Premises Liability Attorney page.
The appellate court comprehensively discussed the differences between non-contact sports, such as golf, and contact sports, in which contact with other players or the ball is part of the game. Those injured while playing a contact sport must prove that the one who caused the injury acted wantonly and recklessly, which is an elevated form of negligence.
The court held that golf, on the other hand, is not a contact sport because “There is never a need for players to touch one another.” Since golf is not a contact sport, the court concluded that a player injured by the golf ball errantly hit by another golfer needs only to prove “traditional negligence to recover damages rather than willful and wanton conduct.”
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Assumption of Risk for Golf Course Injuries in Illinois
The assumption of the risk doctrine arises out of the common law and “states that in instances where a person knows of the risk of an activity, that person accepts the risk when voluntarily engaging in the pursuit.” The key to the definition is that the person must be aware of the risks involved in the activity.
Are Golf Courses Liable for Golf Ball Injuries?
The doctrine applies to golfers hit by errant golf balls or even flying club heads. These types of accidents are considered just part of the sport of golf and are to be expected. A few years ago in Wisconsin, a golfer was struck in the right side of his head by a ball that his partner hit. The injured golfer was taken to a hospital and died a few days later due to his injury, which caused a cerebral hemorrhage. No one was liable since the injured golfer assumed the risk of being hit by a ball when he stepped onto the golf course to play.
This also applies to golfers being hit by golf balls or golf clubs that may fly out of a golfer’s grip. It may even apply to those struck by golf carts that crash into them, depending on the circumstances of the crash and where it occurred.
Real Case: Golf Cart Injury Settlement in Illinois
Golf accidents can have severe and life-altering consequences, as exemplified by the recent case of Debra Sutton. A $1 million settlement was reached in Sutton v. Glen Ridge Country Club, where Sutton was tragically struck by a golf cart while standing outside the club’s pro shop. The incident occurred due to a series of unfortunate events: the golf cart’s engine was running, and an accidental accelerator activation occurred after a falling case of water. The impact left Sutton with devastating injuries, including crushed legs and damage to her back, knee, foot, calf, ankle, and head. Numerous surgeries and medical procedures were required to address her condition. Fortunately, after a prolonged legal battle, Sutton received the settlement she deserved.
If you’ve sustained injuries on a golf course, our Chicago Personal Injury Attorney team can help you understand your rights and pursue fair compensation.
We fight for injury victims like you. Contact Blumenshine Law Group for a free consultation.
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Understanding Golf Accident Liability: Legal Insights
Most courts in Illinois and other states have concluded that it is common knowledge that golf balls do not always end up in the exact spot players intend when they hit them. Players assume this risk when they get on the golf course to play.
When Can You Sue a Golf Course for Injury in Illinois?
In 2004, an Illinois appellate court refused to apply the assumption of the risk doctrine when a woman, who was a passenger in a golf cart, was struck in the head with a golf ball as her sister was driving their golf cart near the pro shop. The court concluded that since the owner had installed many safety precautions around the pro shop, like locating it away from the direction of the fairway and building a fence around the clubhouse, it was not reasonable for golfers to expect to be hit there by an errant golf ball. Therefore, the assumption-of-risk doctrine did not apply.
Golf Course Risks for Homeowners and Spectators
The assumption of the risk doctrine applies to individuals who voluntarily attend a golfing event as spectators, as well as those who park in a parking lot adjacent to a golf course. It also applies to those who live in homes adjacent to the golf course. An Illinois Court confirmed this in a case involving a woman living in a house bordering a West Chicago golf course.
The woman was gardening in her yard when an errant golf ball hit her in the head. She sued the golf course and the golfer for her damages. The case wound its way through the legal system before the golfer was lucky enough to have it dismissed by a judge who found that the woman assumed the risk when she chose to live adjacent to the golf course. The golf course had settled with the woman just a few days before the court dismissed the case.
Exceptions: Gross Negligence in Golf Course Accidents
There are exceptions to the assumption of risk rule if you can prove the golfer, golf club owner, or operator was grossly and recklessly negligent. For example:
- Intentional harm: A golfer, out of anger, intentionally slams a ball into another player or throws a club that strikes someone.
- Intoxication: A golfer, under the influence, acts negligently in their approach and causes injury.
- Negligent golf cart driving: Someone operates a golf cart recklessly or while drunk, resulting in injury.
- Unusual accidents due to extreme negligence: In one case, a golfer in Elk Grove Village was knocked unconscious by a porta-potty that fell off a forklift. This incident led to a lawsuit against the forklift operator and the golf course owner, as no one expects to be hit by a porta-potty when playing golf.
If you believe your golf course injury was caused by gross negligence, you may have a strong legal claim.
Contact Blumenshine Law Group for a free consultation if you’ve been hurt under any of these circumstances: (312) 766-1000.
How Our Chicago Golf Accident Attorneys Can Help You
If you were seriously injured on a golf course and believe it may have been caused by someone’s negligence, call or text one of our golf accident attorneys at the Blumenshine Law Group (312)766-1000 or email [email protected]. We gladly offer a free, no-obligation consultation.