Golf is one of America’s favorite pastimes, and its popularity is understandable. Playing golf can help keep a person fit while relieving stress. At the same time, it provides an opportunity to exercise and socialize with friends. According to the Professional Golf Association, in 2024 about 3.4 million Americans tried the sport for the first time. While golf is on the upswing, players need to know they are not immune to injuries and should be aware of the risks before heading out for a round.
Mishaps on golf courses can lead to serious issues. When on or near a golf course, you need to exercise caution. Golfers should watch for stray balls and pay attention to other players swinging clubs nearby. When operating a golf cart, understand the dangers associated with the vehicle, which could lack essential safety features such as working seatbelts, blinkers, brakes, or lights.
Golf Injuries and the Legal System
Over 40,000 golfers require emergency medical treatment every year due to being hit by a stray ball or a mishandled club. When it comes to golf carts, now popular both on and off the course, more than 15,000 injuries associated with the vehicles occur every year.
Injuries that could occur on the golf course range from minor situations, like cuts, bruises, and muscle strains to severe harm including traumatic brain injuries, spinal cord damage, and broken bones which could lead to expensive medical bills, lost wages due to missing work, and other issues.
Determining who is liable for a golf course injury and who is responsible for paying damages for medical treatment is not always straightforward. Let’s explore some of the legal aspects of golf course injuries and what steps to take to seek compensation.
Assumption of risk
As with most sports, before going out to the golf course, golfers should recognize there is always a potential for injury when playing the game. In legal terms, this is known as the assumption of risk. At golf courses, those playing are expected to assume the known risks of golfing.
Virginia’s Civil Model Jury Instruction No. 6.100 states:
If you find by the greater weight of the evidence that the plaintiff fully understood the nature and extent of a known danger, and if he voluntarily exposed himself to it, he assumed the risk of injuring himself from that danger. The plaintiff cannot recover for injuries that proximately resulted from assuming the risk of a known danger.
Negligence by Other Players or the Golf Course
Although the assumption of risk doctrine makes it difficult for a player injured on the course to take legal action against another player or the golf course owner, there are times when it is possible.
For example, when players are at a hole and close to one another, golf courses have rules to ensure every player understands the importance of warning when they will be swinging their club and hitting the ball (balls are known to travel more than 100 mph).
Traditionally, golfers understand the need to alert those nearby with a strong-voiced “Fore,” to give those nearby a chance to get out of harm’s way. If the victim of a flying ball or club can provide evidence showing that another person involved in the game acted negligently and caused harm by not warning players of their actions, the victim could have a personal injury case citing the other golfer.
But here’s where homeowners or business insurance comes into play. Surprisingly to many, homeowners policies often extend beyond the confines of a home. It could provide coverage for negligent acts of the homeowner outside of their home, such as the golf course mishap described above.
Golf Course Owner Negligence and Premises Liability
However, just warning golfers of what the potential dangers are may not be enough. Laws require golf course owners to adhere to premises liability— the legal duty for owners to provide reasonably safe conditions to everyone who enters their property.
Premises liability requires that all buildings and grounds on the property are maintained and inspected regularly to avoid hazardous situations and keep people on the property from harm. If a person on the property suffers an injury due to the owner failing to uphold the duty, the injured person has a right to take legal action.
Some examples of what could fall under premises liability at a golf course include broken railings and stairs, blocked pathways, potholes on the course, loose sprinklers, lack of warning signs, faulty wires leading to poor lighting, and golf carts that have not been adequately maintained.
If someone is injured due to a premises liability issue like those listed above, they could hold the golf course owner negligent for not keeping them from harm on their property.
Receiving compensation for your injuries sustained on a golf course could be difficult, yet the people who are responsible for the property must be held accountable for your injuries and protect others from being harmed in the future. Owners of these facilities are legally bound to provide safe property and to recognize what the hazards are before a person is put in harm’s way.
The Virginia personal injury attorneys at Curcio Law can help you hold those responsible for golf course injuries accountable and receive the compensation you deserve. Contact us online or call/text 703-836-3366 for a free consultation.
Justin Curcio joined Curcio Law in January 2020. Justin received his J.D. from St. John’s University School of Law in 2015. After passing the Virginia Bar in 2015, Justin was in-house counsel for an insurance defense firm (Allstate/Esurance/Encompass) for over four years before joining Curcio Law. During law school, he worked for the Nassau County District Attorney’s Office and the law firm of Bartlett, McDonough & Monaghan, LLP. Contact Justin at jcurcio@curciolaw.com.
