Legal Question in Personal Injury in California

If, when playing on a golf course the players ball causes damage to a person or other property on the course, is the golfer liable for damages?


Asked on 7/01/12, 2:09 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

OF course. Just like anywhere else in life.

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Answered on 7/01/12, 2:57 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I respectfully disagree with Mr. Nelson, whose answers are usually quite correct.

There is a legal doctrine called "assumption of the risk" which says that people who go to certain places or engage in certain activities that carry known risks accept those risks and can't sue successfully if the risks materialize. A good example is the risk of being hit by a foul ball at a baseball game.

Golfers and others who choose to spend time on or near gold courses accept the risk that they or their property will be hit by a golf ball in play. But they don't accept all possible risks. For example, they don't accept the risk that someone will deliberately hit, throw, etc. a golf ball at them or their property. (In fact, assumption of the risk applies only to unintentional harms and never to intentional wrongdoing.)

Whether a given golfer is liable for a given injury or item of damage will depend upon the facts. But if the golfer did nothing unusual, chances are that he will not be held liable.

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Answered on 7/01/12, 5:46 pm


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