By Natalie Bird
Every sport has inherent risks, and golf is no exception. Anyone who watches professional golf regularly has seen a spectator get hit by an errant shot, and most avid golfers have experienced the panic of almost being struck by a golf ball. Awareness of the severity of injuries caused by errant shots has reemerged after professional golfer Brooks Koepka struck a woman in the eye at the 2018 Ryder Cup. This incident quickly made its way into the media, along with the woman’s threat to sue tournament organizers. The danger of errant shots at professional events has become a popular discussion topic, but this risk is relevant in every stage of the game. This incident and the subsequent threat of litigation pose an important question: What precautions are the golf industry taking to protect spectators and players from injury due to errant shots? More specifically, how are golf course managers protecting players from injury due to errant shots during regular play?
Buffer zones are one solution golf managers could employ to prevent injuries caused by errant shots. Buffer zones a common risk management strategy within sport and recreation and are not created to change an activity to make it safer, but rather to create a space around the activity area to increase safety for players and spectators from avoidable injury. Because every sport has its own inherent risks due to elements such as rules, equipment, physical demands, and number of participants, buffer zones are not a one-size-fits all solution used to mitigate participant injury. Many sports have governing bodies that provide buffer zone standards and recommendations. Within the recreational golf sector, buffer zone standards do not exist nor is there a governing body designated to create and recommend safety standards. This poses a problem as golf courses in the recreational sector serve a wide range of customers in terms of age, skill level, and experience.
A legal case content analysis of 1,561 golf negligence lawsuits aimed to answer research questions related to locations of incidents, circumstances that led to injury, and injuries or damages that were the result of errant golf shots. A Westlaw search provided the data for this research, and after removing irrelevant cases 133 were within the scope of this study, 85 of which included incidents that could have been prevented had proper buffer zones been in place. Three large lawsuit categories emerged: On Course, Off Course, and Course Premises. Emergent subcategories included shots from same hole – same group; same hole – different group; different hole – different group; residence property damage; vehicle property damage; course maintenance issues; and injury at residence. Most golf ball injuries preventable by buffer zones occurred on the golf course between players in different groups on different holes, and the majority of injuries were to the head. Most cases specifically cited the duty to provide reasonably safe conditions or negligent course design as the factor that determined the decision of the case.
Buffer zone spaces cannot always be created, especially when courses are surrounded by neighborhoods and roadways or the funds are not available to make significant course adjustments. However, other design strategies can be implemented to manage the risks associated with errant golf shots. Trees are regarded as “‘good safety buffers’ that provide shade and aesthetic value” (Hurdzan, 2005, p. 9), but attracted animals and insects must be considered. Nets also serve as buffers and are commonly used around driving ranges but require proper installation and maintenance. Fences are also another option but aren’t always practical financially and aesthetically. Lastly, ponds and bunkers strategically placed can stop balls from bouncing into other fairways or onto cart paths despite their cost of construction. Regardless the strategy, placing a buffer in the correct location is essential. Most injuries in this analysis resulted from on-course golfer-to-golfer incidents meaning knowing where customers are likely to mishit shots is the first step in determining the type and location of buffers needed.
There are many reasons why courses aren’t implementing risk management procedures such as buffer zones. Head golf professionals and managers at public and semi-private courses often have time and budgetary constraints that impact day-to-day operations, putting risk management on the back burner. At private courses, members often have the power to control assets through committees and boards, adding additional pressure for golf professionals to use resources wisely. Regardless the course type or organizational structure, relying on transferring risk through most insurance policies is not enough protection. Settlements against a course often range anywhere from $100,000 to $3 million (Ted A. Greve & Associates, 2019) which would be devastating for an under-insured course already threatened by the seasonality of the golf business.
Golf managers cannot ignore the threat that errant shots pose because every mishit shot is an opportunity for injury or property damage and subsequent litigation. A golf manager may discount errant shots because he believes someone assumes the risk of being struck by a golf ball when on or near a golf course. However, that viewpoint is not supported by this study’s findings. A golf course was sued in 40 of the 133 total cases, and 32 of the 85 buffer zone-preventable cases in the final dataset. Assumption of risk doctrine barred the recovery of damages in only six of the 21 cases that favored the course and three of the 19 that ruled against the golf course. Reasonably safe conditions and improper design were the main issues that influenced the decision of these cases, regardless the verdict. Therefore, the notion that assumption of risk doctrine alone can substitute for proper buffer zones is inaccurate. Depending on the circumstances, buffer zones may remedy design flaws or create reasonably safe conditions to avoid damages that lead to litigation.
The 133 cases in this study’s dataset only represent the approximate five percent of lawsuits that are reported (thelawdictionary.org, n.d., para. 4). According to those figures, approximately 2,527 cases have settled out of court, meaning nearly 2,660 incidents actually occurred during the 60-year period studied in this analysis. The National Golf Foundation (2019) reported 14,300 golf facilities existed in 2019. Consistent with these statistics, nearly 1 in 5 golf courses will be sued at some point. With settlements ranging from $100,000 to $3 million and expensive legal fees and court costs, a lawsuit would be devastating to most golf courses, especially those with limited resources.
Golf courses sued for personal injury or property damage resulting from an errant ball were held liable in 47.5% of the cases studied; meaning a golf course had nearly a 50/50 chance they would lose the case. With a 1 in 5 chance of being sued, a 50% chance of losing the case, and a potential loss of up to $3 million, golf courses must ask themselves if a lack of buffer zones is worth the risk. The cost of trees, nets, fences, or other design features, and the time it takes to implement risk management practices pale in comparison with going to court. Every course has a chance of being sued, but proper buffer zones are a preventative risk management strategy that can mitigate participant injury and lower liability before an incident even occurs.
Natalie Bird recently graduated with a Ph.D. in Health, Sport and Exercise Science from the University of Arkansas. She is currently an adjunct professor at Missouri Western State University teaching the graduate Legal Aspects of Sport course. Her research interests are risk management and legal issues as they pertain to the golf industry. Bird also works as an independent consultant working with sport and recreation agencies and creates other golf content at www.YouTube.com/NatalieBird. She can be reached at natbirdgolfs@gmail.com
References
Hurdzan M. J. (2005). Building a Practical Golf Facility: A step-by-step guide to realizing a dream. American Society of Golf Course Architects. Retrieved from https://asgca.org/wp-content/uploads/2016/07/Building-a-Practical-Golf-Facility.pdf
National Golf Foundation (2019). Golf industry report [PDF document]. Retrieved from National Golf Foundation website.
Ted A. Greve & Associates. (2019). Can You Sue a Golf Course for Injuries Sustained by Errant Golf Balls? Retrieved from https://mydrted.com/faq/sue-golf-course-for-injuries-by-errant-golf-balls/
Thelawdictionary.org (n.d.) What percentage of Lawsuits Settle Before Trial? What Are Some Statistics on Personal Injury Settlements? Retrieved from https://thelawdictionary.org/article/what-percentage-of-lawsuits-settle-before-trial-what-are-some-statistics-on-personal-injury-settlements/
