New Jersey 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

For example, if the course was negligently designed, the injured party may have a basis for a suit. Additionally, just as with parties injured on the golf course, if another golfer deliberately and intentionally hits a golf ball at a person on private property, a subsequent injury may be the basis of a lawsuit.

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.

OP has intuited his way to the correct legal answer which is that the golfer is liable. Not the driver of a car on a public road. The golf course could share liablity for bad design (if that's indeed the case) but it would never be worth trying to prove that when the only damages are a broken windshield.

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.

McNeill, the Supreme Court of Ohio held that negligent conduct of a golfer could not result in liability. In Ohio, an injured person may only recover for injuries sustained by errant golf balls. This is only when the golfer's conduct is intentional. Or, in reckless indifference to the rights of others.

If the shot was clearly an innocent mistake, and the offender comes up quickly to apologize, wave off the transgression with a forgiving word or gesture. On a short par-4, where their ball has rolled up harmlessly onto the green as you are putting, you might even offer compliments on a fine shot.

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