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Navigating Assumed Risks in Golf - A Personal Injury Case Analysis Echoing a Larry David Skit

In a twist that seems straight out of a Larry David comedy skit, the New York Third Department reversed the lower court's ruling, siding with the majority that a golfer participating in a tournament assumed the inherent risk of injury from a golf ball strike. [Katleski v Cazenovia Golf Club, Inc., 2024 NY Slip Op 01366, Third Dept 3-14-24]

The case involved a plaintiff, an experienced golfer, who was injured by a golf ball while navigating the fairway in a golf cart during a tournament. The incident occurred when a ball, struck by another player from a different hole, hit the plaintiff. The layout of the golf course, with parallel fairways in proximity, was a focal point of contention.

Key takeaways include the reaffirmation of the principle that golfers accept the risks inherent to the sport, such as the possibility of being hit by errant shots. Moreover, the proximity of course features, if apparent and open, limits the liability of golf course operators for injuries stemming from such risks.

Professionals in the legal, sports management, and golf course design sectors may find this case particularly relevant, highlighting the balance between the enjoyment of the sport and the safety measures necessary to mitigate risks without detracting from the game's challenges and appeal.