Can Victims Who Are Injured by Golf Balls Recover Compensation?

Can Victims Who Are Injured by Golf Balls Recover Compensation?

If you’re struck by an errant golf ball, you might wonder whether you can recover compensation for your injuries. The answer depends on several legal factors. A San Jose personal injury lawyer can evaluate your case and determine if you have a valid claim.

Injuries from Golf Balls

Golf balls are small but dense, and when hit at high speeds, they can cause serious injuries. Some common injuries from stray golf balls include:

• Concussion or traumatic brain injury (TBI)
• Contusions
• Soft tissue injuries
• Eye injuries
• Bone fractures

If a golf ball injures you, seek medical attention immediately. Medical records will document your injuries, providing critical evidence for any claim. A San Jose personal injury lawyer can use this information to help establish liability and calculate damages.

Assumption of Risk

California follows the assumption of risk doctrine, which can limit an injured party’s ability to sue. This legal principle states that people who engage in sports or recreational activities assume inherent risks associated with them.

For example, a football player understands that tackling is part of the game and cannot sue another player for a routine tackle. Similarly, courts have ruled that golfers assume the risk of being hit by stray balls since misdirected shots are an unavoidable part of the sport. However, this rule has exceptions. Golfers and course owners may still be liable under certain circumstances.

Exceptions: When You May Have a Claim

While most golf-related injuries fall under assumption of risk, there are important exceptions where a San Jose personal injury lawyer may be able to help you recover compensation:

1. Intentional Harm – If a golfer deliberately aims and strikes someone with a ball, they can be held liable.
2. Reckless Conduct – If a golfer acts recklessly, such as taking a shot while knowing others are in harm’s way, they may be responsible for resulting injuries.
3. Golf Club Injuries – Courts have ruled that being hit by a golf club is not an assumed risk like being hit by a ball. If another golfer swings their club carelessly and strikes you, they could be liable.
4. Negligent Course Design – If a golf course is designed in a way that makes injuries more likely, such as placing tees too close to fairways without proper barriers, the course owner may be responsible.
5. Bystander Injuries – If an innocent bystander, such as a pedestrian walking on a nearby sidewalk, is hit by a golf ball, liability depends on whether the course owner took reasonable precautions to prevent such accidents.

Exceptions to Assuming the Risks of Golf

While most golf-related injuries fall under assumption of risk, there are important exceptions where a San Jose personal injury lawyer may be able to help you recover compensation:

1. Intentional Harm – If a golfer deliberately aims and strikes someone with a ball, they can be held liable.
2. Reckless Conduct – If a golfer acts recklessly, such as taking a shot while knowing others are in harm’s way, they may be responsible for resulting injuries.
3. Golf Club Injuries – California Supreme Courts have ruled that being hit by a golf club is not an assumed risk like being hit by a ball. If another golfer swings their club carelessly and strikes you, they could be liable.
4. Negligent Course Design – If a golf course is designed in a way that makes injuries more likely, such as placing tees too close to fairways without proper barriers, the course owner may be responsible.
5. Bystander Injuries – If an innocent bystander, such as a pedestrian walking on a nearby sidewalk, is hit by a golf ball, liability depends on whether the course owner took reasonable precautions to prevent such accidents.

Can a Bystander Sue for a Golf Ball Injury?

Golfers assume the risk of being hit, but what about pedestrians, joggers, or people near a course? A recent California court case examined this issue. In that case, a man walking on a public trail next to a private golf course was struck in the eye by a golf ball. Even though he had no knowledge of the golf course’s presence, the court ruled against him due to California’s recreational easement law, which protects property owners from liability for injuries on land used for public recreation.

However, had the accident occurred on a city sidewalk or a public street, the outcome might have been different. If a golf course owner knows that stray balls frequently hit public areas and fails to install proper fencing, they could be held liable.

What to Do If You’re Injured by a Golf Ball

If you or a loved one is injured by a golf ball, take the following steps:

1. Seek Medical Attention – Even minor head injuries can have serious consequences. Get checked by a doctor immediately.
2. Document the Scene – Take photos of where the incident occurred, your injuries, and any inadequate safety measures (e.g., low fences or lack of warning signs).
3. Get Witness Statements – If anyone saw the incident, collect their contact information and ask them to provide a statement.
4. Report the Incident – If you were injured at a golf course, inform management and request an incident report.
5. Consult a San Jose Personal Injury Lawyer – A lawyer can analyze your case, determine whether an exception to the assumption of risk applies, and help you seek compensation.

Contact a San Jose Personal Injury Lawyer Today

If you have been injured by a golf ball, you don’t have to navigate the legal process alone. A San Jose personal injury lawyer can assess your case, negotiate with insurance companies, and fight for the compensation you deserve. Contact an experienced attorney today for a free consultation.