Indiana Complaint by Golfer against another Golfer who Struck him in the Eye with a Golf Ball Causing Injury to Eye

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US-03252BG
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A voluntary participant in a game, sport, or contest, assumes all risks incidental to the particular game, sport, or contest which are obvious and foreseeable. However, he or she does not assume an extraordinary risk which is not normally incident to the game or sport. Even where the assumption of the risk doctrine applies, defendants have a duty to use due care not to increase the risks to a participant over and above those inherent in the sport. While under the doctrine of assumption of risk, a defendant has no legal duty to eliminate or protect a plaintiff from the risks inherent in a sport, but the defendant owes a duty not to increase the inherent risks. To determine whether the primary assumption of risk doctrine applies to a sports participant, the court must decide whether the injury suffered arises from a risk inherent in the sport, and whether imposing a duty might fundamentally alter the nature of the sport. Participants in team sports, where physical contact among participants is inherent and virtually inevitable, assume greater risks of injury than nonparticipants or participants in noncontact sports.


A voluntary participant in a lawful game or contest assumes the risks ordinarily incident to the game or contest and thus is precluded from recovering from his or her opponent or other participant for injury or death resulting from the game or contest. Of course, if an intentional act that causes injury goes beyond what is ordinarily permissible in a lawful sport of the kind being participated in, recovery may be had, and a player will be held liable for injury if his or her conduct is such that it is either deliberate, willful, or reckless in his or her disregard for the safety of the other player so as to cause injury to that player.

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FAQ

A golf ball is a dangerous projectile, which is likely to cause serious injury if a person is struck by a golf ball. Compensation for personal injury claims arising out of golf ball injuries is normally substantial.

The direct impact of the golf ball may increase ocular adnexal injuries. The FVA in cases with contusion injuries depended on the severity of injury to the posterior segment, including commotio retinae, choroidal rupture, and macular hole.

Pfenning v. Lineman, 947 N.E.2d 392, 404 (Ind. 2011). Therefore, if you are struck by an errant golf ball while golfing in the State of Indiana or similar jurisdiction and it causes a serious or traumatic injury you may not be able to recover from the individual that hit the ball and/or the course owner and operator.

Comprehensive Insurance Coverage Damages included in the insurance coverage are not only limited to wayward golf balls. A windshield damage that is a result of theft or vandalism is also paid for comprehensive insurance coverage.

If a player hits (or throws) a golf ball deliberately in a direction that could cause harm, even if their goal was not to cause harm, they are liable for injuries that result from that action.

Yes, you are liable if you hit someone with a golf ball. If you hit someone with a golf ball, you could be sued for negligence. Negligence is the failure to take reasonable care to avoid causing harm to others.

Expect to pay for repairs yourself. You will most likely either have to pay out of your own pocket or by filing a claim on your car insurance policy. You can hope that, if the at-fault party comes forward or is caught red-handed, the moral obligation will take over, and they will volunteer to cover the damages.

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Indiana Complaint by Golfer against another Golfer who Struck him in the Eye with a Golf Ball Causing Injury to Eye