Content Analysis of Court Decisions regarding Golf-Related Injuries

By Lee, Kyongmin; Cho, Woo-Jeong et al. | Journal of Physical Education and Sport, June 2016 | Go to article overview

Content Analysis of Court Decisions regarding Golf-Related Injuries


Lee, Kyongmin, Cho, Woo-Jeong, Seidler, Todd, Journal of Physical Education and Sport


Introduction

Sports activities have their own inherent risks, and participants assume such risks when they participate (van der Smissen, 2007). However, lawsuits concerning sports activities have grown consistently over the past 30 years, and this tendency most likely will continue (Hronek, Spengler, & Baker III, 2007). This tendency seems to indicate that sports participants have become less likely to accept risks inherent in the sports activity (Young & Jamieson, 1999). A similar tendency occurs in golf. For example, most jurisdictions would find that golf course owners are not to be held liable for injuries caused by an errant golf ball on the grounds that being hit by such a shot is an inherent risk of the game (Baker v. Thibodaux, 1985). However, a study of court decisions conducted by Tonner, Sawyer, and Hypes (1999) showed that more than half of the reviewed golf litigation between 1973 and 1998 were legal claims brought by golfers or spectators hit by an errant ball.

In this context, golf courses may never be free of lawsuits from golf injuries. Given that settling a case may require a considerable amount of time and money, golf course managers are expected to reduce the number of golf-injury lawsuits against their golf courses using risk management strategies.

Many authors used court decisions to address various theories of liability and defense concerning golf-related injuries on or near golf courses (DeVoto, 1993; Flynn, 1996, 1997; Kircher, 2001; Scoffield, 2004; Tonner et al., 1999). The court-decision studies focused on legal aspects such as potential plaintiffs or defendants in golf-injury lawsuits, types of claims brought by the plaintiffs, liability on the defendants, and defenses available to the defendants.

Type of plaintiffs

Potential plaintiffs in golf-injury claims can be divided into four classes: golfers, spectators, employees, and people living or passing near a golf course. Golfers can be victims of errant balls (DeVoto, 1993; Scoffield, 2004; Tonner et al., 1999); golf clubs (DeVoto, 1993; Tonner et al., 1999); golf carts (DeVoto, 1993; Flynn, 1996, 1997; Tonner et al., 1999); lightning strikes (Tonner et al., 1999); or slip, trip, and fall accidents (Tonner et al., 1999). Also, spectators at a golf tournament or employees of a golf course can suffer injuries due to an errant golf ball (DeVoto, 1993; Scoffield, 2004; Tonner et al., 1999). Even passersby or neighbors of a golf course can be casualties of errant balls (DeVoto, 1993; Scoffield, 2004; Tonner et al., 1999).

Liability on the Golf Course

In tort claims, when a golf course fails to exercise the duty of care owed to the plaintiff, the golf course breaches the duty. Under some circumstances, however, the liability for injury may not attach to the golf course even if the plaintiff was injured on the golf course premise. For example, if the plaintiff knew of a dangerous condition on the golf course premises, the golf course may not have a duty to warn the plaintiff of the danger and may not be liable for the injury (Pound v. Augusta National, Inc., 1981). Also, as one can see from the cases of Broome v. Parkview and Kendall Oil Co. v. Payne, there would be no liability on the part of the golf course when the injury was caused by "dangers that were obvious, reasonably apparent, or as well known to the invitee as the owner" (as cited in Davis v. The Country Club, Inc, 1963, p. 309).

Types of claims against the golf course

The plaintiffs can bring a golf-injury claim against a golf course based on torts or statutes when they are injured by a golf course accident. A tort refers to "an injury or a civil wrong that has caused harm to a person or a person's property for which the courts will provide a remedy" (Clement, 2004, p. 13). Thus, the injured plaintiffs on or off of a golf course can bring a golf-injury claim against the golf course based on negligence, product liability, or nuisance theories (DeVoto, 1993; Kircher, 2001). …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Content Analysis of Court Decisions regarding Golf-Related Injuries
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.