Golfer Doesn't Assume All Risks Of Being Struck By Golfball

Many cases involving sports related injuries are rejected or dismissed due to the assumption of risk doctrine. Once you choose to participate in any recreational activity you are usually thought to have consented to quietly accept any injuries arising out of that activity. As for golfers, the Court of Appeals has held that the possibility of a mishit or wild shot is an inherent risk of the game that is not actionable. But there are many exceptions and the following case illustrates that point.

Last month a New York appellate court refused to dismiss the claim of a golfer who was struck in the head by another golfer in the foursome behind him. This case did "not involve a shanked, sliced, hooked, or mishit shot." Rather, the defendant golfer was a high level player who hit his golf ball perfectly down a center line more than 300 yards. While the defendant claimed he typically hit golf balls 250-260 yards with his driver, he professed surprise at how far the ball sailed before it struck one of the golfers in the group ahead. The Court will allow a jury to decide whether the defendant "unreasonably increased the risk of striking plaintiff..., who was visible in the fairway on the same hole, and was still positioned well within the typical range of defendant's drive." Krych v Bredenberg, 2019 WL 1968072

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Go to Top