For Buffalo golfers, the golfing season still seems a long way off. When they return to the course, they should be extra cautious. Over the winter, New York’s highest court has ruled that golfers assume the risk of being injured by errant balls when on the course.
In December of 2010, the Court of Appeals issued its decision in the case of Anand v. Kapoor. Mr. Anand had suffered a serious injury to his left eye when struck by an errant golf ball played by his golf partner, Mr. Kapoor. The case had been dismissed by lower courts based on “assumption of risk” by the participants.
Assumption of risk may bar recovery of damages when someone is injured in an organized athletic activity. It means that the participants are aware that there are some inherent risks in playing the game and, because they are aware of these risks, are willing to forfeit any potential damages.
Mr. Anand argued that because Mr. Kapoor had failed to yell “Fore” or give a similar warning that he was about to shoot, he was negligent and could be held responsible for the injury. Mr. Anand was not standing in the direct line of where Mr. Kapoor intended to shoot. Instead, he was standing off to one side looking for his own ball when Mr. Kapoor “shanked” his shot.
The Court of Appeals found that being hit by a shanked ball was an inherent risk of golf that was assumed by the participants, and Mr. Kapoor’s failure to warn that he was about to shoot did not amount to intentional or reckless conduct. As a result, Mr. Anand had assumed the risk of being hit and was not entitled to recover any damages in a personal injury lawsuit.
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