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

State:
Multi-State
County:
Travis
Control #:
US-03252BG
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Description

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

Anyone who has just sustained an impact to the head should immediately seek emergency medical care by calling 911 or visiting an emergency room if they experience any of the following symptoms: Loss of consciousness. Inability to recognize people or places. Trouble with balance or walking.

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.

Serious head injury is very uncommon in golf and consists mostly of depressed skull fractures. A case of severe intracerebral haematoma without skull fracture caused by a stray golf ball is described and a review of head injuries in golf is provided.

Blow to the Eye A strike to the eye with a hard object like a baseball, rock, or fist can damage the eye, eyelids, and muscles or bones that surround the eye. If the injury is mild, you may get a swollen eyelid or black eye. If it's more severe, you might also notice bleeding inside the eye.

The bottom line is that getting hit with a golf ball completely accidentally is very rare, much lower than 1%. If, however, you are not careful and stand in front of others thinking they are skilled enough to hit the ball over or around you, you are asking for trouble.

Seek emergency care for an adult or child who experiences a head injury and signs and symptoms such as: Repeated vomiting or nausea. A loss of consciousness lasting longer than 30 seconds. A headache that gets worse over time.

So if you took a small hit to the head and had any concussion symptoms, you should leave the activity right away. You should then have a doctor examine you to rule out a concussion. (We would consider it a concussion until proven otherwise.) A subconcussive blow is one rung below a mild concussion.

Complications. Most eye injuries are not serious, and will heal within 24 to 72 hours without any lasting damage. However, complications sometimes occur, such as: infection.

If You Get Hit in the Eye Gently apply a small cold compress to reduce pain and swelling. Don't use steaks or other food items.DO NOT apply any pressure. If a black eye, pain or visual disturbance occurs even after a light blow, immediately contact your ophthalmologist or emergency room.

A mild concussion is one that is not life-threatening but typically requires a doctor's care. So if you took a small hit to the head and had any concussion symptoms, you should leave the activity right away. You should then have a doctor examine you to rule out a concussion.

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