But is it the law?
Man Sues Friend For Golf Ball Injury
By Kickntrue on 11/15/10
If your buddy hit you with a shot leaving you blind, you'd be pretty upset, but would you sue your friend?! Should you even be able to? That is the question the New York courts are dealing with.
New York's top court will hear arguments Tuesday about whether Dr. Anoop Kapoor was negligent and should have yelled, "Fore!" as a warning before the shot. A judge dismissed Dr. Azad Anand's lawsuit, finding he took on the primary risk by golfing.

A midlevel court, divided 3-1, agreed, concluding Anand was "not in the foreseeable danger zone" and his friend had no duty to yell the customary warning. Anand was blinded in one eye.

The Appellate Division majority also questioned whether even a negligent failure to warn another golfer before taking a swing is inconsistent with the doctrine that anyone stepping onto the course assumes the risk of getting hit.

A dissenting justice said there's a factual question under existing case law about whether Kapoor violated the sport's rule, "unreasonably increased" his partner's risk and caused the accident.

The Court of Appeals is expected to rule next month after hearing oral arguments Tuesday.
Tough one. You have a friendship. On another level you have a life altering injury. As a doctor, I'm sure it could've altered more than just his ability to do some tasks. It doesn't say in the article, but it very likely could've ended his career... a career that tends to pay pretty well.

Personally, I don't think there is a case here- just that it sucks. At least if you're seriously injured at work- you know where the money's coming from. An injury in your personal time, doing something you love that is supposed to be relaxing is just a brutal kick in the junk from life. Stuff happens- and you have to know when you're stepping on a golf course something COULD happen, but surely none of us actually think something will.

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[ comments ]
Banker85 says:
seems the guy is saying he should have said "fore" before he hit the shot. you're right no case here at all. you go on the course at your own risk. For me though if i know someone is anywhere near my intended flight path, or possible shank path, i will say "heads up" or "watch out, i'm gonna hit" i wont just swing away hoping i dont hit my boss in the face. life does kick you in the nuts so if your not ready brace yourself it could happen anytime...
11/15/10
 
Kurt the Knife says:
Thats why I carry supplemental disability insurance.
Ya never know when you might lose and arm or leg or eye or other bits.
11/15/10
 
dottomm says:
I worry about something like this happening to me while I'm golfing and my wife thinks I'm doing something else...Like working. How do you explain yourself? It's bad enough coming home with sand in your collar.
11/15/10
 
Kurt the Knife says:
or one eye in your pocket
11/15/10
 
elhacker says:
@dottomm: Better to ask for forgiveness than permission.

I'm not sure if I would sue my friend. I might take his eye out though just for kicks and to even up the playing field next time we're out on the course together.
11/15/10
 
falcon50driver says:
I'll be he keeps an eye out when somebody's hitting next time.
11/15/10
 
666 Iron says:
Should have kept his eye on the ball.
11/16/10
 
birdieXris says:
Judging by the actual article, i think the guy does have a case. I think he'll end up getting something out of it. Either way, wether it's how he said it went down, or how the other guy said it went down, the friend hitting the ball definitely "unreasonably increased" his risk either by hitting too soon, or not shouting. From the hitters point of view, it was a helluva shank too. more than 20 feet away at 80 degrees to intended line?? that's a heck of a shot.
11/16/10
 
Kickntrue says:
@birdieXris- he has a case as the victim of a very unfortunate accident, but does he have a case to sue? if you're on the golf course, heck, if you're LIVING outside a bubble, crap can happen. to me it comes down to what kind of accident it was. people sue after car accidents for negligence. people don't sue after football hits because that's what you signed up for. while an 80 degree shank is a terrible golf shot- i'm not sure it's really negligence.

it does show how close life can be sometimes though. hits you in the eye, you're blind. hits you in the groin- it's on America's funniest home videos.
11/16/10
 
birdieXris says:
@kick - i'm just saying it's negligence if he didn't warn him in any way is all. Their other friends/players say they didn't hear a warning at all. Burden of proof, well i don't know who that's on, but the blind guy has 3 witnesses that say no warning (well 2 and a half i guess *zing*).
11/16/10
 
Agustin says:
@ birdieXris - So you yell fore before you take a shot is someone is infront of you at an 80% angle?
11/16/10
 
Banker85 says:
i yell if i think i might possibly hit them with a super shank. but still he should have been paying better attention or got out of the way. play at your own risk. CASE DISMISSED.
11/16/10
 
birdieXris says:
@agustin - no, but if i shank it and i know there's someone over there i immediately yell something, fore or otherwise, to let them know to duck - doesn't matter how far they are from me. Secondly, i wouldn't be hitting if i thought someone were anywhere near the flight path, so that's kind of not the point.
11/16/10
 
larrynjr says:
The article reads that struck friend sued his friend but what is more common is that the struck golfers Insurance Company sued the friend, no matter what the wishes of the struck golfer.
11/16/10
 
Envythepea says:
When I first took up the game I was practicing on the front lawn with a practice golf ball made from plastic. I sliced a shot and hit my 4 year old daughter in the eye. She was playing on the grass barely in front and to the right of me, it never occured to me I could hit her. I didn't have time to yell anything and I'm sure she couldn't have reacted if I had. Fortunately she just had a scratched cornea but I can't tell you the dread I felt taking her to the hospital. I almost gave up golf that day.

To the point though, if you're playing with a friend and he hits you, it's an accident. You don't sue your friends.
11/16/10
 
Agustin says:
@ birdieXris - Don't want to argue, specially with you, but if someone shanks a shot and someone is 20 feet away there is not enough time to yell anything before that ball travels those 20 feet. If someone was dumb enough to stand there they are assuming the risk of being hit and have no business suing; warning or no warning...
11/16/10
 
falcon50driver says:
It's amazing how quickly things can go wrong for even a pretty good golfer. Last year, as previously reported, My 5 handicap buddy hit a line drive at eye level about 30 degrees to the right of the intended line, which broke the nose and cheekbone of a guy who was coming down the #4 fairway as we were teeing off on #5. The victim was about 50 yards away, it could have been a lost eye as easy as it was just a broken nose.
11/16/10
 
kregan says:
Look at it this way....
11/17/10
 
Beekeeper45 says:
Sounds like his friend wasnt aware of his surroundings..it is a sad deal, but as said above, the insurance company will recover the costs.
11/17/10
 
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