Woman going to sue
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Woman going to sue
After being hit by golf ball in Ryder cup and being seriously injured in her eye..
Strange one this I don't blame her for trying,but not sure what effect it will have on competitions with spectators watching if she is successful in her claim.
Apparently her eyeball exploded when hit..
People have been getting hit for years during competitions ,this is the first time I can remember anyone suing them..
Strange one this I don't blame her for trying,but not sure what effect it will have on competitions with spectators watching if she is successful in her claim.
Apparently her eyeball exploded when hit..
People have been getting hit for years during competitions ,this is the first time I can remember anyone suing them..
Re: Woman going to sue
I think you know the risks when you enter a good course.
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Re: Woman going to sue
The bad ones are even more dangerous.bfcjg wrote:I think you know the risks when you enter a good course.
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Re: Woman going to sue
There's a lot of money in that there golf.
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Re: Woman going to sue
Who would she sue? The course owners? The player who hit the ball?
Re: Woman going to sue
I don't know the likelihood of success in France, but she'd have a tough job winning that case in this country.
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Re: Woman going to sue
Is she married to golfs biggest fan ?
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Re: Woman going to sue
She is suing The French Golf Federation effectively, presumably claiming they are vicariously liable.TheFamilyCat wrote:Who would she sue? The course owners? The player who hit the ball?
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Re: Woman going to sue
I think she is saying the officials never put up warning boards that the tee shot was being taken ..
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Re: Woman going to sue
Isn't she saying that she wasn't warned by an official that the ball was heading into the crowd?
If she's successful then they'll just move the fans back further away from the course or ban them from being along the course.
If she's successful then they'll just move the fans back further away from the course or ban them from being along the course.
Re: Woman going to sue
She would have to prove that the Federation was negligent and using the four tests of that, its going to be tricky. The standard method of warning that a ball is heading offline is for the player to shout 'fore', this is very clearly heard in the video. I'm not sure what else a reasonable person, which is the measure in these instances could do.
Re: Woman going to sue
Volenti non fit injuria I would hazard to guess, if that is a defence in France.
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Re: Woman going to sue
Where there's pain there's a claim....and I think she'll be successful.from this accident lessons will be learned from a health and safety perspective and procedures of sorts put in place.dushanbe wrote:I don't know the likelihood of success in France, but she'd have a tough job winning that case in this country.
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Re: Woman going to sue
Shouting 'fore' is clearly heard on the video... Do deaf people partake in playing/watching golf ?dushanbe wrote:She would have to prove that the Federation was negligent and using the four tests of that, its going to be tricky. The standard method of warning that a ball is heading offline is for the player to shout 'fore', this is very clearly heard in the video. I'm not sure what else a reasonable person, which is the measure in these instances could do.
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Re: Woman going to sue
Women on golf courses?????
Wouldn't have happened in my day.
Wouldn't have happened in my day.
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Re: Woman going to sue
Do you not waive any kind of right to sue when you enter an arena such as this?
Don't the same rules apply to people at football stadia when they are hit with a ball?
Don't the same rules apply to people at football stadia when they are hit with a ball?
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Re: Woman going to sue
These days this is usually reinforce an individual's free will to participate in extreme sports such as freeclimbing or skydiving.Chobulous wrote:Volenti non fit injuria I would hazard to guess, if that is a defence in France.
When you pay for a ticket to attend a sporting event the event organizers have a duty of care to all those attending, I would be interested to see what the risks assessment says and what in reality took place.
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Re: Woman going to sue
Nope, as a paying customer the host/provider has a duty of care to you. Be it from falling ladders or in this case rogue golf balls, what will be pertinent is whether the controls they put in place were adhered to or even adequate in the first place.ClaretAndJew wrote:Do you not waive any kind of right to sue when you enter an arena such as this?
Don't the same rules apply to people at football stadia when they are hit with a ball?
Re: Woman going to sue
I take your wider point but she wasn’t deaf. Proving negligence is more complex than then often quoted ‘where there’s pain there’s a claim’.tim_noone wrote:Shouting 'fore' is clearly heard on the video... Do deaf people partake in playing/watching golf ?
Whilst the organisers owe the spectators a duty of care, thres an assumption of risk in being a spectator, which has been tested in tort. I don’t know the circumstances in France and they may well compensate her for her injuries as a gesture of goodwill, but I’d be very surprised if she won a case in court.
Re: Woman going to sue
Even with the modern state of law, I'd be surprised if the law expected a golf course to provide precautions that ensure no-one can get hit by a ball. If they do, it would be the end of cricket as well.
I suppose they could issue protective goggles in case this once-in-a-hundred years accident ever happens again.
I suppose they could issue protective goggles in case this once-in-a-hundred years accident ever happens again.
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Re: Woman going to sue
par for the course I'm afraid!conyoviejo wrote:People have been getting hit for years during competitions ,this is the first time I can remember anyone suing them..
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Re: Woman going to sue
Any legal Eagles on here? Or are we just saying what a little Birdy told them?
Albatross
Albatross
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Re: Woman going to sue
I would guess most cases are settled out of court. That said there will be a review of health and safety. The lady in question has suffered a very serious injury.dushanbe wrote:I take your wider point but she wasn’t deaf. Proving negligence is more complex than then often quoted ‘where there’s pain there’s a claim’.
Whilst the organisers owe the spectators a duty of care, thres an assumption of risk in being a spectator, which has been tested in tort. I don’t know the circumstances in France and they may well compensate her for her injuries as a gesture of goodwill, but I’d be very surprised if she won a case in court.
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Re: Woman going to sue
Not Exactly 100 years ago but a golfer lost an eye on a scottish golf course to another golfer in 2007. On the basis that the golfer who struck the ball was 70% liable and the golf course 30% liable the injured party received upwards of £400.000 the golfer who struck the ball shouted.......'FORE'.dsr wrote:Even with the modern state of law, I'd be surprised if the law expected a golf course to provide precautions that ensure no-one can get hit by a ball. If they do, it would be the end of cricket as well.
I suppose they could issue protective goggles in case this once-in-a-hundred years accident ever happens again.
Re: Woman going to sue
'Club legend' Rocky's wife tried to sue us when she was hit by the ball, back when we didn't have a pot to **** in too.conyoviejo wrote:People have been getting hit for years during competitions ,this is the first time I can remember anyone suing them..
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Re: Woman going to sue
I suppose it's always a mistake to underestimate the stupidity of modern laws.tim_noone wrote:Not Exactly 100 years ago but a golfer lost an eye on a scottish golf course to another golfer in 2007. On the basis that the golfer who struck the ball was 70% liable and the golf course 30% liable the injured party received upwards of £400.000 the golfer who struck the ball shouted.......'FORE'.
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Re: Woman going to sue
Lets hope you dont require the stupidity of Law to assist you any time soon.dsr wrote:I suppose it's always a mistake to underestimate the stupidity of modern laws.
Re: Woman going to sue
What signs could the golf course have put up that would have told either party to the issue anything they didn't know? Their £120,000 must have been either because they didn't tell the hitter that he hadn't to hit the ball at other golfers, or else because they didn't tell the injured man that golf balls were about and they are hard and might hurt. Either way, they were negligent to the tune of £120,000 because they didn't put up signs for morons.tim_noone wrote:Lets hope you dont require the stupidity of Law to assist you any time soon.
As for the man who lost £280,000 for playing a bad shot (did he ever pay it?), it seems excessive. Certainly someone who put your eye out deliberately wouldn't be fined that much. After all, it was an accident.
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Re: Woman going to sue
Insurance and accidents go hand in hand. Following the paris accident...the scottish case will be looked at for similarities.payments to injured parties relate to pain suffering loss of earnings etc etc.she will rightly win her case i would guess.dsr wrote:What signs could the golf course have put up that would have told either party to the issue anything they didn't know? Their £120,000 must have been either because they didn't tell the hitter that he hadn't to hit the ball at other golfers, or else because they didn't tell the injured man that golf balls were about and they are hard and might hurt. Either way, they were negligent to the tune of £120,000 because they didn't put up signs for morons.
As for the man who lost £280,000 for playing a bad shot (did he ever pay it?), it seems excessive. Certainly someone who put your eye out deliberately wouldn't be fined that much. After all, it was an accident.
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Re: Woman going to sue
If it happened once it can happen again. If this was someone's fault then let that be decided. Until then the woman has lost an eye, so let her do whatever she feels she needs to do to ensure some kind of justice, and if there is fault somewhere then maybe they'll be more careful about where they let spectators stand in future.
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Re: Woman going to sue
Interestingly enough in Scotland a club member cannot sue another. Visitors can though. As for France who knows but hope the lady in question suffers no permanent damage.Imploding Turtle wrote:If it happened once it can happen again. If this was someone's fault then let that be decided. Until then the woman has lost an eye, so let her do whatever she feels she needs to do to ensure some kind of justice, and if there is fault somewhere then maybe they'll be more careful about where they let spectators stand in future.
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Re: Woman going to sue
Her eye exploded. That's kinda permanent.tim_noone wrote:Interestingly enough in Scotland a club member cannot sue another. Visitors can though. As for France who knows but hope the lady in question suffers no permanent damage.
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Re: Woman going to sue
The way the yanks were spraying their drives about the only safe place to watch would be in the fanzones on a tv.
Its a risk you take when you go to watch sport.thankfully accidents do not happen too often.
Its a risk you take when you go to watch sport.thankfully accidents do not happen too often.
Re: Woman going to sue
The lad who hit the shot could give her 500 grand and it would be absolute peanuts to him the money the top golfers make now.
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Re: Woman going to sue
You beat me to it!....Do the decent thing, make things right .....say you're sorry etc.
He's probably made $50m u.s. this year.......................It were him wot done it tha nose........
He's probably made $50m u.s. this year.......................It were him wot done it tha nose........
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Re: Woman going to sue
Or in the middle of the fairway!The Enclosure wrote:The way the yanks were spraying their drives about the only safe place to watch would be in the fanzones on a tv.
Its a risk you take when you go to watch sport.thankfully accidents do not happen too often.
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Re: Woman going to sue
Am pretty certain that the guy will have given her money to take care of her medical expenses etc and some compensation.He probably wants to keep that private.think most pro golfers are pretty decent people and he will feel terrible at what happened.,. It was, however a complete accident and there were shouts of fore albeit it was a good 300 yards from the tee bed so perhaps difficult to hear the shouts where she was stood.jrgbfc wrote:The lad who hit the shot could give her 500 grand and it would be absolute peanuts to him the money the top golfers make now.
Re: Woman going to sue
I think she said she is suing to try and get the cost of her medical care so I assume like many she travelled to a country without paying for health insurance or checking if there was cross cover between her country and France (she lives in Egypt).
I am always surprised at how so many people travel abroad without health cover and how barmy we are as a country issuing visas without ensuring that health cover is part of that visa.
I am always surprised at how so many people travel abroad without health cover and how barmy we are as a country issuing visas without ensuring that health cover is part of that visa.
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Re: Woman going to sue
no post
Re: Woman going to sue
tim_noone wrote:Not Exactly 100 years ago but a golfer lost an eye on a scottish golf course to another golfer in 2007. On the basis that the golfer who struck the ball was 70% liable and the golf course 30% liable the injured party received upwards of £400.000 the golfer who struck the ball shouted.......'FORE'.
Equally another similar case was lost when a ball spotter in a tournament was hit. In that case the judge reached the conclusion that the Defender did not breach any duty of care owed to the Claimant. The Defendant played his shot in the ordinary course of play. The danger of the Claimant being hit by that shot was a risk incidental to the competition and that risk had been accepted by the Claimant. The injury that the Claimant had suffered was not caused by an error of judgement on the part of the Defender that a reasonable competitor being a reasonable man of the sporting world would not have made.
The judge went onto to say 'In cases involving injury to spectators caused by competitors acting in the ordinary course of play, the test to be applied in determining the issue of negligence is “whether or not the competitor in question has committed an error of judgement that a reasonable competitor being a reasonable man of the sporting world would not have made”.
And also, 'In deciding whether the competitor has committed an error of judgement that a reasonable competitor would not have made, it is relevant to have regard to the perils which might reasonably be expected to occur and the extent to which the ordinary spectator might be expected to appreciate and take the risk of such perils.'
Obviously the case might be different in France, but I firmly believe she will have bother proving negligence and holding the organisers liable.
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Re: Woman going to sue
Golfer keeps in touch with injured woman..
https://www.bbc.co.uk/sport/golf/45727299" onclick="window.open(this.href);return false;
https://www.bbc.co.uk/sport/golf/45727299" onclick="window.open(this.href);return false;
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Re: Woman going to sue
Fair play you don't go to a golfing event planning to lose your sight in one eye.
If I were a Brooks Koepka I'd feel an obligation to give financial support to her family even though it was an accident.
If I were a Brooks Koepka I'd feel an obligation to give financial support to her family even though it was an accident.
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Re: Woman going to sue
I'd agree with that,but wouldn't he be admitting liability if he was to offer her money..?Caernarfon_Claret wrote:Fair play you don't go to a golfing event planning to lose your sight in one eye.
If I were a Brooks Koepka I'd feel an obligation to give financial support to her family even though it was an accident.
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Re: Woman going to sue
Isn't this why we have had games postponed in freezing weather even though the pitch has been perfectly playable? Because the concourses are frozen and dangerous?CombatClaret wrote:Nope, as a paying customer the host/provider has a duty of care to you. Be it from falling ladders or in this case rogue golf balls, what will be pertinent is whether the controls they put in place were adhered to or even adequate in the first place.
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Re: Woman going to sue
This is from the T&Cs for The OpenClaretAndJew wrote:Do you not waive any kind of right to sue when you enter an arena such as this?
Don't the same rules apply to people at football stadia when they are hit with a ball?
E. Your Safety
Whilst The R&A is committed to ensuring that proper safety precautions are in place to try to prevent injury to spectators, you acknowledge the risk of injury whilst attending The Open, despite such precautions being taken, including being struck by a golf ball, and you agree that you are assuming all risk and danger arising from your attendance at The Open. The R&A will not be responsible for paying any compensation to you for any injury, loss or damage suffered by you at The Open unless this injury, loss or damage was suffered as a result of our negligence or other breach of duty. You should therefore be alert at all times to the golf being played in your vicinity including the direction of play, any instructions from marshals (e.g. flags advising of the direction in which a player's shot has been struck) and any warnings issued on the course (e.g. a warning shout of "Fore") to try to prevent injury to you.
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Re: Woman going to sue
The golfers and the courses will all have insurance for this type of incident.
Re: Woman going to sue
Not necessarily, but even if he was, it makes no difference if he's giving her money anyway.conyoviejo wrote:I'd agree with that,but wouldn't he be admitting liability if he was to offer her money..?
Re: Woman going to sue
Probably is yes, but that comes from the risk of injury being outside of the risk from the events on the pitch. I've looked back and the most pertinent case is that of Woolridge V Sumner 1963 where a photographer at a show jumping event was knocked over and injured by an out of control horse.houseboy wrote:Isn't this why we have had games postponed in freezing weather even though the pitch has been perfectly playable? Because the concourses are frozen and dangerous?
The judge held that In the case of sporting events spectators can be taken to know of and consent to the risk of the sportsman making errors of judgement or skill, given the fast-paced nature of the activity, unless the sportsman was acting with deliberate or reckless disregard for the spectator’s safety.
In this case, the sportsman merely made an error of judgement, and the claimant had chosen to position himself close enough to risk such errors affecting him.
I'm no lawyer by the way, but I work in H&S and this is all relevant to public liability issues.
Re: Woman going to sue
Shouting “fore” is pretty useless when the guy is 350 yards away and she is in a crowd of thousands.
Even if you heard it you probably would not see the ball coming.
As said not sure what more could be done to avoid but on many courses these days (more in America than Europe) the players know that if they hit a wild shot the ball will end up in the crowd and this will stop the ball to their advantage - not saying they are aiming for this but they were actually saying this over the weekend that the bigger crowds have become more of a factor in this to the players advantage.
Even if you heard it you probably would not see the ball coming.
As said not sure what more could be done to avoid but on many courses these days (more in America than Europe) the players know that if they hit a wild shot the ball will end up in the crowd and this will stop the ball to their advantage - not saying they are aiming for this but they were actually saying this over the weekend that the bigger crowds have become more of a factor in this to the players advantage.
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Re: Woman going to sue
Correct...a terrible thing to happen.LoveCurryPies wrote:The golfers and the courses will all have insurance for this type of incident.