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.
A person who operates a place of public amusement or entertainment must exercise reasonable care with regard to the construction, maintenance, and management of his buildings or structures and his premises, having regard to the character of entertainment given and the customary conduct of persons attending such entertainment. The operator must employ sufficient personnel to maintain the premises in a reasonably safe condition. He or she must use ordinary care to maintain the floors and aisles along which patrons are expected to pass in a reasonably safe condition for their use; and this principle has been applied in cases where personal injury resulted from a slippery floor, aisle, ramp or walkway, defective carpet, or the presence of an object the floor or in the aisle.
Broward Florida Complaint Against Owner of Golf Course by Patron of Driving Range Struck by Golf Club: A Detailed Description Introduction: Broward, Florida is home to numerous golf courses, providing golf enthusiasts with a diverse range of options to practice and enjoy their favorite sport. However, unfortunate incidents can occur, resulting in complaints against golf course owners. This particular case involves a patron of a driving range who was struck by a golf club while on the premises of a Broward golf course. This article aims to provide a detailed description of the incident, the potential complaints that can be filed against the owner, and the corresponding legal considerations. Description of the Incident: During a typical day at the Broward golf course driving range, a patron was struck by a golf club. The incident occurred when an adjacent golfer's swing went off course, causing the club to strike the unsuspecting patron. As a result, the injured individual suffered physical harm and potential emotional distress, leading them to consider filing a complaint against the owner of the golf course. Possible Complaints Against the Owner: 1. Negligence: The injured patron could potentially claim that the owner failed to provide adequate safety measures, such as barriers or designated areas, to protect driving range patrons from errant shots. This complaint may revolve around inadequate warnings, lack of supervision, or failure to enforce safe practices within the driving range. 2. Premises Liability: The injured individual may argue that the owner of the golf course is responsible for maintaining a safe environment for all visitors. Since the incident occurred on the owner's premises, they can be held liable for any injuries resulting from dangerous conditions or hazards that should have been addressed and corrected. 3. Lack of Proper Training or Supervision: Another potential complaint could focus on the owner's failure to ensure that all golfers using the driving range received proper training or supervision. If the golfer who struck the patron was inexperienced or unaware of the safety protocols, the owner may be deemed responsible for inadequate training. Legal Considerations: When filing a complaint against the owner of a golf course in Broward, Florida, it is essential to consider relevant legal aspects. Here are a few crucial points to keep in mind: 1. Proving Negligence: The injured individual must demonstrate that the owner breached their duty of care owed to patrons regarding safety. Evidence may include showing the absence of proper safety measures, lack of warnings, or failure to address known hazards. 2. Assumption of Risk: The owner or their legal representatives might argue that the injured patron willingly assumed the inherent risks associated with being on a golf course, including the possibility of getting hit by an errant golf club. This defense may diminish the owner's liability to some extent. 3. Comparative Negligence: Broward follows the comparative negligence rule, which means if it is determined that the injured party contributed to the incident in any way, their compensation or damages could be reduced proportionately. Conclusion: In Broward, Florida, complaints against golf course owners may arise when patrons of driving ranges are struck by golf clubs. The specific complaint against the owner can vary, including allegations of negligence, premises liability, or failure to provide proper training/supervision. It is crucial for the injured party to gather sufficient evidence and consider the legal aspects to effectively file their complaint and seek appropriate compensation for their damages.Broward Florida Complaint Against Owner of Golf Course by Patron of Driving Range Struck by Golf Club: A Detailed Description Introduction: Broward, Florida is home to numerous golf courses, providing golf enthusiasts with a diverse range of options to practice and enjoy their favorite sport. However, unfortunate incidents can occur, resulting in complaints against golf course owners. This particular case involves a patron of a driving range who was struck by a golf club while on the premises of a Broward golf course. This article aims to provide a detailed description of the incident, the potential complaints that can be filed against the owner, and the corresponding legal considerations. Description of the Incident: During a typical day at the Broward golf course driving range, a patron was struck by a golf club. The incident occurred when an adjacent golfer's swing went off course, causing the club to strike the unsuspecting patron. As a result, the injured individual suffered physical harm and potential emotional distress, leading them to consider filing a complaint against the owner of the golf course. Possible Complaints Against the Owner: 1. Negligence: The injured patron could potentially claim that the owner failed to provide adequate safety measures, such as barriers or designated areas, to protect driving range patrons from errant shots. This complaint may revolve around inadequate warnings, lack of supervision, or failure to enforce safe practices within the driving range. 2. Premises Liability: The injured individual may argue that the owner of the golf course is responsible for maintaining a safe environment for all visitors. Since the incident occurred on the owner's premises, they can be held liable for any injuries resulting from dangerous conditions or hazards that should have been addressed and corrected. 3. Lack of Proper Training or Supervision: Another potential complaint could focus on the owner's failure to ensure that all golfers using the driving range received proper training or supervision. If the golfer who struck the patron was inexperienced or unaware of the safety protocols, the owner may be deemed responsible for inadequate training. Legal Considerations: When filing a complaint against the owner of a golf course in Broward, Florida, it is essential to consider relevant legal aspects. Here are a few crucial points to keep in mind: 1. Proving Negligence: The injured individual must demonstrate that the owner breached their duty of care owed to patrons regarding safety. Evidence may include showing the absence of proper safety measures, lack of warnings, or failure to address known hazards. 2. Assumption of Risk: The owner or their legal representatives might argue that the injured patron willingly assumed the inherent risks associated with being on a golf course, including the possibility of getting hit by an errant golf club. This defense may diminish the owner's liability to some extent. 3. Comparative Negligence: Broward follows the comparative negligence rule, which means if it is determined that the injured party contributed to the incident in any way, their compensation or damages could be reduced proportionately. Conclusion: In Broward, Florida, complaints against golf course owners may arise when patrons of driving ranges are struck by golf clubs. The specific complaint against the owner can vary, including allegations of negligence, premises liability, or failure to provide proper training/supervision. It is crucial for the injured party to gather sufficient evidence and consider the legal aspects to effectively file their complaint and seek appropriate compensation for their damages.
