Legal Question in Personal Injury in Pennsylvania
Golf Ball Injury
A little over 2 months ago, I was struck in the face between the eye and nose by a golf ball while on a course. The person hitting the errant shot was actually a friend playing with me. He he the ball almost directly 90 degrees as I was standing almost directly to his right about 15 yards away. I ended up with a broken nose, blow out fracture of the orbit and a few weeks later found out I had a detached retina. What has occurred since then is I've had my nose fixed, and my retina repaired. My eye has sunk a little back in my head and I may still need to have surgery to move it back. With the detached retina, I've lost my Peripheral vision and have gotten many eye floaters due to the detachment. My vision will probably never be the same. I also have some daily discomfort from the eye movement that happened. My vision is really what disturbs me the most. Being that it was a friend that did this, I really was not looking to file a law suit againt him, but I do have a question. Would either the golf course insurance or his insurance liable in any way to pay for costs and possibly any pain and suffering. Also permanent damage to the eye. You help is greatly appreciated.
4 Answers from Attorneys
Re: Golf Ball Injury
It depends upon the facts, but you should certainly consider a lawsuit against both your friend's insurance company as well as the golf course's. Feel free to call our offices or e-mail me directly to discuss this further.
Re: Golf Ball Injury
Any liability of the course would depend upon the existence of special circumstances such as design defect of the tee. This of course assumes that you were not significantly ahead of that line perpendicular to the driver. A claim against your friends insurance carrier might well be appropriate and indeed stands a better chance of success. Your friend might welcome such a claim.
In our office attorney Chuck Kenrick is the golfer and in a good position to advise you.
Re: Golf Ball Injury
I'm very sorry about your injury. I play a lot of golf & understand how this could have happened. There are 2 considerations. 1- Your friend's home owners insurance and/or the golf course's insurance may contain a med pay provision, under which your medical bills will be paid, up to the limits of coverage, no matter who is considered at fault. 2- Suing the club or your friend (suing your friend's ins is the same as suing your friend) depends on a variety of factors which would need to be explored in greater detail. Please contact me if you would like to discuss further. Good luck!!
Re: Golf Ball Injury
You do have a case against your friend.His homeowners should cover him\The case against the course is more difficult\ I need more facts to give you a proper opiniob\ Please call me