Question: In a recent column you stated that a golfer
generally has no liability for personal injury or property damage
to a homeowner who lives on a golf course. I was surprised by
your statement as a golfer, like any other person, should be responsible
for his actions. In the basic law classes that I have taken I
was taught that the person who did the damage is responsible to
the injured party. Under your logic, a dog owner is not responsible
for his dog biting an individual because the individual should
know that dogs bite. Taken to the extreme, if you attend a Phoenix
Suns game and are attacked in the stands by one of the players,
the player has no liability because you now know from watching
NBA basketball on T.V. that you can be attacked in the stands
by a player. Is there a statute that states that golfers, unlike
everybody else, are not responsible for their actions?
Answer: There are no applicable statues, and therefore
common law, i.e., judicial decisions, controls. Under common law
a home built on a golf course “comes to the danger”, and therefore
only under extreme circumstances is a golfer liable for property
damage to the home, such as a broken window. Similarly, if you
park your car next to a baseball field, a baseball team generally
has no liability if your car is dented by a foul ball. In regard
to personal injury, a golfer generally has no liability for any
personal injury caused to the homeowner. In certain circumstance,
however, there may be liability for personal injury. For example,
if the golfer sees the homeowner sitting by the swimming pool,
and the homeowner is within the golfer’s “zone of danger,” the
golfer would have an obligation to shout “Fore” before striking
the golf ball.
