The accident happened when the novice visited a golf club in 2007. He and his companions were approaching the 7th tee when they heard a warning cry of “fore”. The novice golfer ducked his head and raised his hand to protect himself but was still struck by the ball. His injury was so bad that his eye could not be saved.
He sued both the golf club and the player who struck the ball. They claimed that the novice had contributed to his own injury by not reacting to the cry of fore and by not protecting his face.
The judge rejected this argument and said that “reactions can vary” in the event of an emergency.
He held that both the club and the player who hit the shot owed a duty of care to other people on the course. The player had been at fault for overestimating the likelihood of his shot going in the right direction instead of veering sharply to the side as it had.
The onus was on him to make sure that those around him would not be put at risk.
The club was also at fault for failing to put up signs warning of wayward shots on that part of the course.
The judge held that the player who struck the ball was 70% responsible for the injury and that the club was 30% responsible.
The novice was awarded nearly £400,000 to compensate for his injury.
Anyone who is injured as a result of someone else’s negligence is entitled to claim compensation. Please contact us if you would like more information about making a personal injury claim.