Player Struck By Ball Can Sue Golf Club

A golfer could sue a golf club for injuries suffered when he was struck by an errant ball � his claim wasn�t barred by the assumption of the risk doctrine, a Court has ruled. The plaintiff was struck in the left eye by a golf ball while riding a golf cart. He sued the golf club for breach of implied warranty and strict liability, alleging the design of the gold course exposed those traveling along the paths to errant balls. He further claimed the club�s golf carts failed to offer adequate protection for riders. The gold club argued that getting struck by errant balls was an inherent risk of the sport and that the Plaintiff had assumed that risk by participating. But the court held that the doctrine doesn�t bar liability where the defendant�s conduct increases the risks typically associated with a recreational activity. The Court explained that the club has an obligation to design  a golf course to minimize the risk that players will be hit by golf balls, e.g., by the way the various tees, fairways and greens are aligned or separated. Moreover, because of the alignment or separation of the tees, fairways and/or greens at the course, the golf club may also have a duty to provide protection for players from being hit with golf balls where the greatest danger exists and where such an occurrence is reasonably to be expected.