By Gil Fried, professor, University of West Florida
An Oregon family secured a $15 million jury award from TopGolf along with other damages settled upon by the parties. The case stemmed from their nine-year-old son who was struck in the face by a golf club during a birthday party at a TopGolf facility in 2021. The child suffered a depressed skull fracture and cerebral hemorrhage. The child had been seated in a non-hitting area at the venue when another child swung a club and unintentionally struck him above the right eye. The area was marked off by a red line on the ground.
According to the lawsuit, the child was seated behind the hitting bay in what appeared to be a safe zone. However, there was no physical barrier between the child and another child who was swinging the club. The lawsuit claimed that TopGolf had deliberately prioritized entertainment over safety. The complaint alleged that the company’s bay design lacked essential safety measures and was “intentionally designed to promote a feeling of fun and whimsy at the expense of customer safety.” In essence the claim is that there needs to be enough of an effective buffer zone to protect those who were watching form the action of others who might be trying to golf. This is an especially critical area when there could be injuries from clubs that break or for which a golfer loses their grip and it flies in various directions. The Internet and YouTube are filled with various videos of “epic TopGolf fails” where clubs have gone flying or golfers have also gone flying. While there is often a screen or net between golf bays, there often is nothing to separate golfers from those behind them other than a line painted on the ground.
At trial, the jury deliberated for three days before finding TopGolf and its Hillsboro location negligent and liable for the child’s injuries. Jurors awarded nearly $3.3 million in economic damages and $12.5 million in non-economic damages to the family. TopGolf attempted to deflect partial responsibility to two adults who were supervising the party, but the jury found them only 3% at fault. The jury was set to consider punitive damages in a second phase of the trial before both parties reached a confidential settlement agreement the day after the verdict.
The case raises the issue of venue layout and design to incorporate an effective buffer zone to separate activities. That area could include significant distance, physical barriers, signage, and/or other strategies that reduce the risk of injury. It should be noted that a layering approach can address many issues, but is no guarantee of safety. The author handled a similar case at a TopGolf venue in Florida where a golf club broke in pieces when swung and that case was settled.
The opinion that led to the settlement can be viewed here: https://www.govinfo.gov/content/pkg/USCOURTS-ord-3_23-cv-01028/pdf/USCOURTS-ord-3_23-cv-01028-0.pdf
