Peacock Tales

Volume 18, Number 3 · July 2008

'Fore!'

Water, sand and trees are not the only hazards to avoid

Golfers beware: Liability lurks around the fairways, roughs and greens of your favorite course! As the colorful Supreme Court Justice, Michael Musmanno described in a 1967 case filed against the Churchhill Valley Country Club: "As harmless, tranquil, and serene as a golf course may seem to the casual observer, it can, on occasion, become as dangerous as a pocket in a jungle battle in Vietnam."

Over 50 years ago the Pennsylvania Supreme Court declared "there are three rules and customs which all golfers know:

1. It is the duty of every player to give timely and adequate warning - usually by the word "FORE" - of a shot which he is about to make in which he has reasonable grounds to believe may strike another player, caddie, or spectator, either on the same hole or different hole;

2. A player assumes a risk or is guilty of contributory negligence and one of due care if he intentionally or carelessly walks ahead or stands within the orbit of the shot of a person playing behind him; and

3. It is negligence for a player to drive, without warning, another ball when his prior drive is on the fairway or apparently within bounds."

The governing bodies of golf in the United States and Great Britain, the USGA and the R and A, have codified these rules for the safety of golfers.

If you are injured on a golf course. . . either due to some negligence on the part of another golfer or a dangerous design in the course . . . be sure to seek prompt medical attention. If your actions on the golf course may have caused some personal injury to another player, caddie, course employee or bystander, take the necessary steps to render appropriate first aid until competent medical treatment can be obtained for the injured person. In either case you might consult with your attorney before you give any statement either oral, written, tape recorded, telephonic or by e-mail.

If you could be at fault for personal injury or property damage (to vehicles or nearby homes) notify your own homeowner's insurance carrier or other liability carrier.

Following the simple rules set forth at the beginning of this article should enable you to safely enjoy your time on the wonderful golf courses we have here in Western Pennsylvania. How- ever, if you are involved with a serious injury suffered on the golf course, please contact your favorite lawyer at Peacock Keller & Ecker LLP.