Slices, hooks and other errant shots are a common hazard on the links and a golfer can't expect to get a warning shout of "Fore!" every time a ball comes his way, New York's top court ruled Tuesday in dismissing a personal injury lawsuit.
I think the Court is ultimately correct that, absent some sign of deviation from normal golfing or other indicia of recklessness or intent, it would be an absurd policy to allow people to collect for injuries that occur within normal play on a golf course. Further, to insist on an audible calling out of "fore" would create a question of fact that would nearly always become a he-said, she-said type scenario. Even if and when you have witnesses, the number of times "fore" is yelled on a golf course would or could make it too difficult of a standard to employ.
What are your thoughts?
1 comment:
Certainly sounds like a case of assumption of the risk if you ask me.
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