Have you been injured in a golfing accident?

Insights

20th Aug 2021

According to a study conducted by golfsupport.com, golf is actually more dangerous than many other sports - including rugby! Accidents often happen when players or spectators are hit by errand balls or swinging golf clubs. Unfortunately, such injuries are more common than people think and can sometimes be very serious (sometimes even fatal). You may be entitled to compensation if you've been involved in a golfing accident as a result of somebody's negligence.

In order to establish negligence and bring a successful claim, you must be able to meet the following criteria:

Duty of Care – were you owed a duty of care? Golfers owe a duty of care to other players. This could be by looking out for the safety of others when taking shots. Golfing venues must also take reasonable care to ensure that their golf courses are safe for those using them. This could be by conducting regular risk assessments and dealing promptly with any potential hazards.
Breach of Duty - once a duty of care has been established, you can then consider whether the individual or golfing venue was in breach of that duty. Would a reasonable person have acted in the same way? Was it foreseeable that their actions would cause injury?
Causation – was this breach of duty the cause of the injuries you sustained?

Q: Is there a time limit for bringing a claim?

Yes. It is really important that you bring a claim for personal injury within 3 years from the date of the accident. This is called the limitation period and it is not normally possible to bring a successful claim once this has expired. If you’ve had a golfing accident it’s always best to seek legal advice sooner rather than later.

Q: How much compensation can I claim?

This will depend upon the nature and extent of the injuries you’ve sustained and the length of your expected recovery. If your solicitor feels that your claim fits the criteria for establishing negligence, your injuries will need to be assessed by an independent medical expert. Your solicitor will then use the medical experts report to work out how much your claim is worth.

Q: Can I also claim for financial losses?

Yes. If negligence is established you can claim for any financial losses directly related to your injuries. If you required time off work as a result of your injuries, you may be entitled to loss of earnings. Other common losses include travel expenses, medication /rehabilitation costs and reimbursement for damaged items.

Some people will also receive additional help from family and friends following an injury. This could involve assistance with everyday tasks, such as dressing, washing, cooking meals, and shopping. It is often possible to include a claim for ‘care and assistance’ in such cases.