The golf industry continues to experience increased participation, which is great for the industry and the bottom line of the business. However, increased play also raises the chance of a lawsuit due to the actions of your guests. As I have written before, the liability landscape for a golf course owner continues to widen.
We all know we live in a litigious society. Due to increased activity and opportunity, the chances of your business being involved in a lawsuit have increased exponentially, whether from errant golf balls, misuse of golf carts, or failure to comply with ADA regulations.
With the success of programs like PGA Hope, the USDGA, and the National Alliance for Accessible Golf, the number of individuals with disabilities enjoying the game of golf is growing each year. This growth has resulted in an increase in ADA-related claims against golf courses for not being accessible. This includes both your website and your golf facility. Is your website ADA-compliant? While you may use a third party to develop and maintain your website, the owner is liable for compliance. Click here for a free analysis of your website.
Did you know that most golf facilities must comply with current ADA regulations? Over and above the ADA guidance for existing facilities, this requires that your website be accessible for individuals with disabilities and that your playing facilities be accessible. This includes accessible routes for single-rider carts to access your driving range, practice putting green, and at least one tee box per hole with a flat or slightly inclined surface to allow access by single-rider golf carts or other walking-assisted devices. Section 35.137 of the ADA Title III Regulation provides guidance on accommodating individuals with disabilities, including the use of mobility devices like golf carts, on golf courses.
With increased play comes an increase in new golfers. While hitting errant golf shots is not limited to new golfers, there seems to be a direct correlation between increased rounds and the number of liability claims arising from errant golf shots. By case law or state regulations, the determination of who’s at fault when an errant golf ball damages private property or causes personal injury differs in each state.
Can we prevent errant golf shots? While encouraging golfers to take lessons from a professional can minimize the number of errant shots, little can be done to eliminate them entirely. However, there are steps we can take to minimize your liability risk.
For persons injured by a golf ball hit by another golfer, most states would hold the player who hit the ball liable for the injury, while other states recognize the “assumption of risk doctrine.” This doctrine is applied in almost every sporting venue across the country.
So what steps can a golf course owner or operator take to limit their risk of a lawsuit from personal property damaged by an errant golf ball? In some states, property damage is not necessary for a homeowner to file a lawsuit against a golf course. A few states apply trespassing laws that may include errant golf balls entering their property.
The NGCOA recommends that every golf course self-assess its operation and facility. Special attention should be given to areas where golf balls most frequently land in adjacent fairways or private property. Evaluate the environment to determine if simple modifications like changing the angle of the tee box are necessary. Planting trees may also minimize errant balls from landing in these areas.
Ensure you document your self-assessment and any modifications you have made to minimize the risk of personal injury or property damage. This will be beneficial should you end up in court. Remember, in most cases, ignorance is not an excuse!
Knowing your state laws governing liability from errant golf shots is important. Legal principles and case law play a crucial role in determining liability in golf ball damage cases. Understanding the factors that influence liability can help golf course owners navigate the legal landscape and determine the best course of action. By being aware of their rights and responsibilities, golf course owners can better protect themselves and their property from the potential risks associated with errant golf shots.
Liability in golf ball damage cases hinges on the concepts of negligence and foreseeability, as established by previous court cases. Factors such as the location and design of a property play a role in determining liability for errant golf ball damage. Golfers can be held responsible for property damage from their errant shots. Most golf courses were designed by licensed architects who considered the surrounding areas to limit impacts from errant golf balls. If you are considering making modifications to your golf course, the NGCOA encourages you to consult with a licensed architect to ensure your desired changes do not create increased liability risk. If you currently do not have a relationship with your architect, we encourage you to visit www.ASGCA.org/architects. There, you can search through our database based on where members live and/or have worked. You can easily find a member near your area. You can also contact their national office directly at 262-786-5960.
Whether through appropriate signage, increased landscaping, or physical netting, taking well-designed proactive steps to minimize damages from errant golf balls will go a long way in defending your business in court.