The feeling of hitting the links with friends under the summer sun is irresistible. Despite golf being a recreational sport, it carries inherent safety risks. These include injuries from stray shots, accidents involving golf carts, or slips and falls on course premises, all of which present liability concerns for players and facilities alike.
Stray golf balls are a common risk in golf, and players are typically considered to accept these risks as inherent to the sport. However, if a golfer behaves in a manner outside these expected risks, they may be held liable. For instance, in a Nova Scotia case, the court ruled against a defendant who, after consuming alcohol, took an unconventional shot resembling the "Happy Gilmore" technique, hitting another player and causing injury. The court found that this action breached the standard of care owed to fellow players, as it deviated from normal golfing behavior and disregarded the safety of others.
In another case, a golfer who accidentally struck someone with an errant ball was not held liable because he had taken reasonable care by yelling a warning and his shot was within the expected behavior of a reasonable golfer on that hole. Similarly, in British Columbia, a golfer who accidentally hit another player while aiming over trees was not found liable because he reasonably believed his shot was on its intended path and did not foresee the risk of hitting someone.
Golf courses can also be held accountable for damages resulting from errant golf balls. The key issue revolves around whether the golf course fulfilled its duty to take reasonable measures ensuring the safety of golfers and others in the area. A common source of liability for golf courses comes from overserving guests.
Staff members responsible for serving alcoholic beverages bear a heightened responsibility to ensure responsible consumption. In Ontario, all employees involved in alcohol service are mandated to obtain certification through recognized programs like the Smart Serve program. This certification aims to equip them with the knowledge and skills necessary to serve alcohol responsibly, thereby reducing risks associated with alcohol-related incidents at the sports facility.
Golf courses are also required to provide premises that are safe for members of the public to use. This means making sure walkways and other areas are free from tripping or slipping hazards. Making sure that dead trees and branches are properly maintained/removed so they don't fall and injure patrons. Making sure golf carts in in proper working order
Conclusion
In summary, while golfers generally assume the risks associated with the sport, liability for injuries caused by stray shots hinges on whether their actions were reasonable and aligned with expected golfing norms, including providing adequate warnings when necessary. Furthermore, golf course operators also have a duty to mitigate risks that could potentially cause harm to individuals or property adjacent to the course.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.