What to do if I was struck with a golf ball in the eye which caused multiple issues?
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What to do if I was struck with a golf ball in the eye which caused multiple issues?
We were both looking for our balls in a same area of the golf course, and both knowing we were both in this particular area assisting each other. When the person in my group elected to hit his golf ball without warning. Yes I was in front of him, but he knew I was in front of him, as we were both looking for our balls in the same location. Without warning the ball struck me directly in the eye causing severe bleeding with stitches, an ER visit, loss of eyesight for what is said to be multiple months (hopefully), eye surgery, and unable to fully preform my job as it entails driving on the regular. What are my options?
Asked on July 24, 2013 under Personal Injury, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
First, be aware you cannot effectively sue the golf range--they have no liability for an act committed by a player during the normal course of play. It is almost certain that they would escape liability if sued.
You could try to sue your fellow golfer for your injuries. Even there, you will have difficulty: when someone engages in a sport, one "assumes the risk" of common injuries, such as those (in this case) resulting by being hit by an errant golfball. It is possible that in this case, your fellow golfer will be held to be have been more-than-normally careless or negligent, and/or that being hit when it was obvious you were right in front of him and he shouldn't have swung is not a normal risk, and therefore get past the defense or issue of assumption of risk; given the extent of your injuries, it may well be worth filing a lawsuit and seeing if you can recover. (It's certainly worthwhile speaking with a personal injury attorney at some length about this.) However, you need to be prepared for the fact that it is far from certain that you could recover compensation.
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