What responsibility do golf course owners have to their players and what happens if you’re hurt playing golf
Written by Jami Oliver
Welcome to summer in Central Ohio!
Central Ohio is home to over 100 golf courses, from no-frills nine-hole public courses to 18-hole private courses that boast amenities like tennis, fitness centers, pools and fine dining.
However you choose to spend your time on the fairway, there is an implied risk – and implied responsibility – whenever you hit the greens.
Implied risk in golfing
In golf, the implied risk refers to “assumption of risk”, meaning if you knowingly expose yourself to a danger that you are aware of ahead of time, you can’t sue for damages later if you are injured because of that dangerous but not-uncommon or unexpected thing.
When golfing, an example of assumption of risk is that another player’s ordinary shot may slice way to the left and hit you in the head.
Some other assumptions of risk may include:
- Standard course hazards like sand traps and water hazards
- Weather may cause a ball’s flight path to change
- Balls can ricochet off trees, golf carts and other items on the course and fly erratically through the air
These risks are considered inherent to golf, part of the game and accepted by participants, so any injury claims are usually blocked by the assumption of risk defense.
What isn’t an inherent risk to playing golf?
There are several other hazards you can encounter on the golf course that fall outside of the inherent risk defense.
- Reckless, intentional, or grossly negligent conduct – if another player purposefully aims their show at your head
- Extreme, unpredictable hazards not part of ordinary play
- Unsafe course conditions – poor cart management, lack of warnings that a cart path goes off a cliff up ahead or dangerous terrain
- Intoxication or impaired conduct by a player
In situations like the above, liability may shift to the golfer, the golf course or even third parties like cart operators or event staff.
What is the golf course’s responsibility to its players?
- Maintaining equipment, facilities and grounds – Golf course owners have a responsibility to their players to make sure that the carts are in good working order and safe to operate, that spilled liquids are cleaned up from the floor and that any other hazards are removed.
- Unsafe course conditions – A golf course owner can’t control if a ball ricochets off a tree and hits you, but they can control if a dead tree is removed from the grounds so that doesn’t fall and hit you.
- Intoxication or impaired conduct by a player – A golf course has a responsibility to make sure they are serving alcohol responsibly and stopping service to players who have overindulged.
So what happens if I’m hurt while playing golf?
You usually don’t have a claim if you’re injured by ordinary bad golfing. It’s the reason we yell “Fore!!” But if you were hurt because the golf course was unsafe or from someone else’s negligence, you may be able to recoup damages.
What if I live on a golf course?
Living near a golf course is treated as accepting the risk of stray shots. Sorry, windows.
Bottom line: In golf, assumption of risk shields course owners from ordinary hazards, but it fails when the danger goes beyond what is reasonably expected, in which case other legal claims may succeed. Golf is still an incredibly safe way to get outside and get some exercise so make sure you stay on the cart path, yell “Fore!” if your ball goes out of bounds and make sure to drink responsibility.
Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney–client relationship between you and Oliver Law Office or its attorneys. Laws and regulations vary by jurisdiction, and you should consult a qualified attorney in your area for advice regarding your specific situation.
Jami S. Oliver, CEO & Founder of Oliver Law Office in Dublin, Ohio has been practicing injury law in Ohio since 1993 and has been recognized by her peers as a leading professional in the field of personal injury law. Her firm also handles cases related to trucking crashes, wrongful death, complex employment litigation, drug recalls, injuries from defective products and other serious injury matters. For a free personal injury or wrongful death case evaluation click HERE
