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

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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

The most common golf injuries are: back pain; elbow tendinitis; rotator cuff or shoulder pain; knee pain and wrist injuries. They are generally caused by overuse of the muscles and repeated movements or occasionally by trauma.

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.

Poor mechanics can also lead to sprains, since hitting a fat shot puts so much strain on your wrists. If you've been noticing a gradual increase in wrist pain after golfing, it may be tendinitis. Wrist tendinitis comes with overuse or poor form. Stress from swinging the club causes tiny tears in your wrist tendons.

Ing to Golf Digest, some 40,000 golfers visit emergency rooms each year after being injured on the course. This usually occurs due to wayward golf balls and dislodged club heads (a terrifying feeling if you've ever experienced it).

Professional golfers are more likely to have back injuries, followed by injuries to the wrist or shoulder. Amateur golfers are more likely to experience elbow injuries, followed by back and shoulder injuries. Professional golfers are more likely to have improved swing mechanics, but overuse can still result in injury.

When a stray golf balls hit people common injuries are: Concussion or traumatic brain injury (TBI) Contusions. Soft tissue injuries.

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