The parties were golfers playing different holes at the same time. The shot of one hit the other in the eye. The shot was a recovery shot over where he should have known others would be playing. Where a golfer hit a shot which was difficult but carried a clear if small risk of injury to someone else on the course, then he was liable in negligence for a resulting injury. The outcome of any case concerning golf course injuries must depend on its particular facts.
Judges:
Lord Justice Simon Brown, Lord Justice Otton, Sir Christopher Slade
Citations:
Times 30-Apr-1998, Gazette 20-May-1998, [1998] EWCA Civ 591
Jurisdiction:
England and Wales
Citing:
Cited – Lewis v Buckpool Golf Club 1993
A high handicap golfer was negligent in failing to wait before driving off from the fifth tee with the result that when he mis-hit his shot at an acute angle it injured the plaintiff who was putting on the adjacent fourth green. ‘The question that . .
Cited – McLoughlin v O’Brian HL 6-May-1982
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had . .
Cited – Bolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
Cited – Brewer v Delo 1967
A golfer had hooked his tee shot so that his ball struck another player playing an adjacent hole some 200 yards ahead.
Held: The action failed on the ground that the consequences were not foreseeable, alternatively the risk was so slight that . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence
Updated: 18 November 2022; Ref: scu.144069