The sport of golf is enjoying unprecedented popularity these days. Long Island is home to literally hundreds of private and public golf courses, many offering some of the finest golf courses in the Country. New private and quasi-private golf clubs continue to be built, particularly in Suffolk County. In addition, despite the sluggish economy, the number of corporate and charity golf outings seems to be growing exponentially. The combination of these factors has led to an increasing menace which threatens public health……… the “hack” golfer.
So what happens if you are injured on (or off) the golf course as a result of a stray ball or other condition? Do you have any remedies? Unfortunately, with slim exceptions, the answer is usually, “No”.
With many sport related injuries, the courts often apply the doctrine of “Primary Assumption of Risk” which holds that individuals who engage in a sport or recreational activity consent to assume the commonly appreciated risks that are inherent in and arise out of the nature of the sport. Thus, the golfer should be keenly aware of the commonly appreciated risks associated with golf, of which the courts have found many, inluding the following: 1) being struck by an errant golf ball even when a fellow golfer fails to warn of his intent to strike the ball. See Anad v. Kapoor, 15 N.Y. 3d 946; 2) slipping and falling while descending a staircase leading from cart path to tee box. See Mangan v. Engineer’s Country Club, 79 AD 3d 706; 3) slipping on wet grass. See Lombardo v. Cedar Brook Golf & Tennis Club, 39 AD 2d 818; and falling in mud. See Carracino v. Town of Oyster Bay, 247 AD2d 501… all situations where the courts dismissed the injured parties claims.
And for the golf “hackers” out there, take solace (along with the author) in knowing that the New York State Court of Appeals has determined that generally, a golfer may not be held liable to the individuals located entirely outside the boundaries of the golf course, who happen to be hit by a stray ball. See Rinaldo v. McGovern 78 NYS 2nd 729, where the court dismissed the claims of the plaintiff who was struck by an errat ball while driving his motor vehicle on a public road abutting the golf course.
So keep taking that driver out of the bag… and keep a good eye on your fellow golfer.
