Golfing is a great sport, but does have hazards. There is the sand, the water, OB and unfortunately, an errant golf ball, on occasion. Personal injury can and does occur from that, misguided “rock.”
Most golfers take a hit in stride and move on. Courtesy requires a warning, but even if the alarm is not heard, the usual injury is only temporary, insignificant or hardly worth mentioning. Unfortunately, more significant injury can and does occur when a player is hit in the head. Some golfers have sustained such severe head injury that they are unable to carry out typical daily activities, and the condition can be permanent. Although rare, it happens. So what are a golfer’s rights.
If you have ever golfed, you will see that the course has a policy that presumes you are aware of the course obstacles and risks, and you assume that risk when you play golf. However, if the golfer that struck you can be identified, they do not have such immunity.
Usually when you are struck, the common rules have not been followed. You are “hit up on” early in the fairway, a shot hits an object and then you or a slicer caroms one off to the right and hits you as you are standing on the adjoining green. In all cases, a golfer remains responsible for his errant balls, even if it was an uncontrollable circumstance.
Although bringing an action against a golfer under his homeowners policy does sound like violating the spirit of the game, the injured golfer did not get up that morning hoping to be severely injured. Now he needs help putting on his shoes, and may never be able to play golf again. The spirit of the game, to me, means to walk off the minor injury, but ask the errant shooter to pay when he causes you significant damages.
Call a personal injury attorney if you find yourself struck and seriously injured by a hacker who could not wait for you to clear the fairway.