Alaska 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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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

When this happens accidentally, there is no penalty and you normally must accept the result, whether favourable or not, and play the ball from where it comes to rest. Rule 11 also restricts you from deliberately taking actions to affect where any ball in motion might come to rest.

After researching the topic, I came to a fairly clear legal conclusion: A golfer is generally not liable for injuries or damages due to an errant shot by the golfer, except in situations in which the golfer is negligent, reckless, or acting with intent.

If you've been hurt while on a golf course, you may actually have a claim for damages. You can pursue both the golfer and the owners of the golf course.

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.

If you are hurt by an errant golf ball, seek medical treatment right away so you can get a proper diagnosis and begin treatment. Medical records also provide evidence of your injury and the medical expenses caused by the errant golf ball.

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