However, just as a golfer never assumes the risk of a negligently hit golf ball, the appellate court found that the parent also could not be liable for injuries sustained by their minor children. My freind's car was struck on the windshield, in front of her face at eye level. You likely have a claim against the driver of the errant golf ball. And, as a result, plaintiff still has constant ringing in his ears. The City has responsibilities, but is not the right direction to head unless you're trying to get a net erected. Moreover, most courts hold that a property owner is not an insurer of the general public. As a result, many courts have held that an injured plaintiff cannot recover when hit by an errant golf ball. Plaintiff and defendant were not playing in the same foursome. Moreover, the course owners are not driven out of business. I am guessing that the case law makes for interesting reads- are you surrendering your rights to compensation is personally injured just because you knowingly purchased a domicile adjacent to a golf course, or are you entitled to sit in the sun in your own back yard and believe that because you are in your yard, you should be safe and can pursue a golfer for compensation? And, it will suggest several ways to alleviate the harsh results arising from injuries on or near a golf course. However, the assumption of the risk defense is not applicable in actions involving negligent conduct by a defendant golfer. Courts traditionally construed the zone of danger narrowly; defining it by the intended flight of the golf ball. The course claims the golfer is liable but he is a Korean tourist. Is protocol for people that live on a course to just blow it off as part of the expense of living on a golf course? Feel free to call our offices. If so, fair enough, but you should either limit your scope in the future, or else click the Report this Post to Moderator function, as suggested by the Board rules. And its true he has never had a broken window. Finally, in an effort to alleviate the harsh results of golf course injuries, the owner of the golf course should provide relief for plaintiffs who have severe injuries. Despite repeated demands, Defendant has failed to remedy the alleged problem. All rights reserved, James Harden Dominates, Sixers Stun Celtics to Take 1-0 Series Lead, 7 Cars Involved in Crash, House Catches Fire in North Philly, Mark Your Calendars: These Festivals Are Coming to the Philly Area This Spring, Police ID 2 Persons of Interest in Triple Homicidein Philadelphia, This 28-Year-Old Pays $62 a Month to Live in a Dumpster He Built for $5,000 Take a Look Inside. Florida appears to have the most recently reported case law dealing with the issue of insurance and golf cart accidents.
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