The bad ones are even more dangerous.bfcjg wrote:I think you know the risks when you enter a good course.
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?
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.
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.
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.
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?
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 ?
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..
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.
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.
'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..
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'.
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.
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.
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.
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.
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.
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.
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.
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'.
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.
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.
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.
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..?
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?
Correct...a terrible thing to happen.LoveCurryPies wrote:The golfers and the courses will all have insurance for this type of incident.