Personal injuries sustained by players or spectators on or around the sporting field are nothing new. However a number of recent high profile cases that have attracted media interest have put sports-related injuries back in the spotlight.
In Paris at the end of September this year there was an unfortunate golfing accident where a spectator at the Ryder Cup lost the sight in her eye after being struck by a wayward tee shot from a competing player. There are an estimated 12,000 golf related injuries each year in the UK, over a quarter of which are head injuries caused by a golf ball.
Can you claim for compensation after being hit by a golf ball?
In order to successfully make a compensation claim for being hit by a golf ball in the UK, evidence has to show that either the owners of the golf course or the playing golfer were negligent. Golfers and clubs have a duty of care to follow, which must reasonably protect fellow golfers and spectators from the risk of being hit by a ball. However the courts do appreciate that not all risks can be eliminated.
The duty of care includes ensuring that no one is in the path of an intended swing and calling ‘fore’ after the shot is taken if there is even a small chance that the ball will hit a spectator or player. Event organisers must also ensure signs are erected alerting spectators of potential hazards and that the course meets health and safety standards. Most event organisers undertake risk assessments and put into place measures to reduce the risk of injury to players, officials and/or spectators.
Who can you claim against?
The Ryder Cup took place in France but if the claim were in the UK, there would be several potential defendants:
- The player – for not calling ‘fore’ when pulling or slicing a shot and seeing the ball veer into a designated spectator area.
- Event organisers – for failing to give marshals or spectators instructions about possible risks. They would be vicariously liable for any negligence of the course officials.
- The course designer if it can be proven the course was designed in such a way that a risk of injury was increased.
Are you likely to succeed?
There is of course an element of risk when spectating at a golf tournament. An obvious risk is the position of the spectators next to the fairway. Any golfer, no matter how experienced, can miss-hit a shot and organisers of events such as the Ryder Cup are keen to make spectators aware of the risks in their terms and conditions. If the defendant can prove that the spectator was aware of, and accepted, the risk then there may well be a defence to the claim. To eliminate risk totally would potentially mean not allowing spectators to attend, which is against the spirit of most sports.
Claims often fail if it can be shown that golf clubs and/or golfers have taken reasonable steps to prevent injury and the duty of care they owe to players/spectators has been discharged. In particular this would include spectators being marshalled to safer positions and being warned of shots being played. It may be argued that the spectator was not concentrating on play enough and therefore put their own safety at risk.
In summary therefore the prospects of a successful claim in relation to being hit by a golf ball are low, however there are other spectator accidents where liability would be easier to establish, for example
- Accidents caused by poorly maintained sports grounds/stadiums
- Accidents in car parks involving moving vehicles
- Accidents caused by badly organised events, eg poor crowd control
- Unsafe seating leading to injury
- Defective crash barriers
- Tripping, slipping and falling accidents due to uneven ground, poor lighting, leaking water or obstructions in gangways
- Food poisoning from consuming pies/hotdogs and similar snacks that are not heated to the correct temperatures
If you have been involved in a spectator accident or been injured at a sporting event in the last three years you may be entitled to claim compensation. If you would like some advice about whether you can make a claim then call our expert Solicitors on 0114 218 4000 or email info@tayloremmet.co.uk
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