Legal Question in Civil Litigation in Idaho
Liability for Stolen Golf Clubs
I was playing a round of golf and came in during the turn for a drink. I was in for a max of TWO MINUTES and when I came out my clubs were gone.
I find out later that the course just had a set of clubs stolen 2 days prior. Also, the course's camera system, which probably would have picked up the perpetrator, was not in operation (despite the previous statement). There were no warnings that a theft had occurred recently.
My question is: Given the circumstances, does the golf course have any liability for my clubs?
1 Answer from Attorneys
Re: Liability for Stolen Golf Clubs
If you can show that the course knew that clubs were being stolen
on a regular basis and that that imposed upon it a duty to notify
customers that golf clubs were being stolen, then you might have a
case against it.
However, most clubs post warnings that they are not liable if something
is stolen from their premises, and if this course posted such a warning for customers'
to take care to ensure the safety of their clubs, then you probably not recover
anything from it.
If they post such a notice, then generally the jury will find against you unless there
are a substantial number of similar thefts.
This is not the same type of case as if someone were injured by tripping over a
negligently placed wire, or other dangerous item.
You would have the burden of proving that they were negligent and the jury would have
to determine the comparable negligence of both you and the golf course
to determine who is liable and to what degree.
If you want me to represent you, I charge $120 per hour for my services.
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