We've launched the new forums! Read more here

Pros hitting spectators

wadesworld

wadesworld

Well-known member
Albatross 2024 Club
Joined
Aug 31, 2012
Messages
10,903
Reaction score
3,975
Location
Nashville, TN
Handicap
11
Mark Leishman just hit a spectator at Harbourtown.

I had been thinking about this previously. Obviously it's often not a big deal and a signed glove and ball fixes it. However, that's not always the case. I'm guessing the PGA Tour provides the players with general liability insurance and legal defense in case a fan needs medical attention or later decides to sue?

I wonder whether that protection also extends outside of Tour events, or whether that's an extra expense the pro must carry?

Just a detail I've wondered about...
 
Can a fan sue?

As a spectator, I would think I am standing on a golf course at my own risk. I would hate for common sense to prevail though......
 
Would players not have to have some sort of personal insurance???
 
mcook77 said:
Can a fan sue?

As a spectator, I would think I am standing on a golf course at my own risk. I would hate for common sense to prevail though......
Click to expand...

They certainly can sue. Whether they'd be successful or not would depend on a lot of things.

I'm sure there's a waiver printed on the back of most tickets. However, a waiver it not a guarantee of legal immunity. The car lot can put "not responsible for damages" all they want on the back of your ticket, but if you can prove their attendant tore your car up, you'll likely win.

I would think to win a spectator would have to prove the pro was being purposely negligent, which would be very tough. Wouldn't remove the need for insurance though.
 
Wouldn't be surprised if somewhere in fine print on a spectator's ticket that there is some statement saying that the Tour is not responsible for injury from a ball in play.
 
arydolphin said:
Wouldn't be surprised if somewhere in fine print on a spectator's ticket that there is some statement saying that the Tour is not responsible for injury from a ball in play.
Click to expand...

Right, but see my comment above.
 
The player is not responsible, because due to the "assumption of risk" doctrine, once you enter the course, you assume any risk as long as it is reasonable to expect that a ball might hit you. Of course, if the player purposefully aims at you and hits you, that is another story. However, as long as it is during the normal play, you assume the risk. Some courts have however considered whether the host site has taken necessary cautions to avoid potential accidents. For example if the rope is too close to the fairway, the spectator might have a case against the host of the tournament since chances are high that the player might miss the fairway. Nevertheless, at the most, the spectator would only get reimbursed for medical expenses and not for any pain and suffering and other claims.
 
I can't imagine a spectator successfully suing. it'd be like running with the Bulls, and suing Spain because you got gored.
 
I always shake my head when I see the gallery giving a player a 5 foot wide path to hit through after the player just missed the fairway by 50 yards. These guys are good but I'm not standing 10 feet in front of one and only 3 feet off his intended line.
 
GolferMahn said:
I can't imagine a spectator successfully suing. it'd be like running with the Bulls, and suing Spain because you got gored.
Click to expand...

I agree with you but then I think back to the 13 year old girl that got hit by a puck and killed in Columbus. The family sued and got a $1.3 million settlement. I believe these are similar things, you don't expect to get hit by a puck or golf ball but know that it does happen. Maybe there is a difference between injury and death.
 
With the assets that these tour players have I am sure they have some sort of umbrella policy to cover any issues that may arise.
 
Another spectator just got hit. Seems like it would be safer to stand on fairways and greens less chance of getting hit :alien:
 
arydolphin said:
Wouldn't be surprised if somewhere in fine print on a spectator's ticket that there is some statement saying that the Tour is not responsible for injury from a ball in play.
Click to expand...

That's exactly what I was going to say.

The other thing that always comes to my mind when somebody hits the gallery......how far into trouble would that ball have gone without the gallery there to stop it.
 
I'm surprised they haven't tried to enact some sort of ruling that requires safety fences/shields around spectators, or mandated ballistic umbrellas. In a lot of ways, watching people watch golf reminds me of the days of Rally racing when the fans would be right up close and personal with the cars as they'd go around corners completely sideways. Watching players have to hit shots down an alley of spectators is just asking for it in my mind.
 
It's always really scary looking when one of the guys hits an errant shot to the other side of the ropes and they give them the 10 yard alley to hit through to the green...I can just imagine a hosel rocket hitting somebody right in the head!

We have seen a few hosel rockets from the fairway on TV this year so it does happen to them.
 
Everyone is correct that in general, a spectator does not have a viable cause of action if they are hit. There are always exceptions if there is an unusual circumstance and an injured spectator can show someone didn't follow normal precautions and/or their injury was caused by unanticipated conduct, i.e. a player throwing their club. Most lawsuits arising from getting injured at baseball games, golf events, etc. are dismissed, if they're actually filed.

The girl with the puck was unusual and the claim was generally focused on the fact the nets were not long enough to adequately protect the crowd from deflected pucks. The claim settled. The NHL thereafter installed longer nets in all of the stadiums.
 
to go with the nets topic, because the nature of golf doesn't allow for nets to protect fans and whatnot, seems that it'd be even less of a chance for a successful case.


I also worry a lot about fans being right next to players on some of these recovery shots. It scares me to think of hitting a shot like that.
 
Philly Golf Guy said:
Everyone is correct that in general, a spectator does not have a viable cause of action if they are hit. There are always exceptions if there is an unusual circumstance and an injured spectator can show someone didn't follow normal precautions and/or their injury was caused by unanticipated conduct, i.e. a player throwing their club. Most lawsuits arising from getting injured at baseball games, golf events, etc. are dismissed, if they're actually filed.

The girl with the puck was unusual and the claim was generally focused on the fact the nets were not long enough to adequately protect the crowd from deflected pucks. The claim settled. The NHL thereafter installed longer nets in all of the stadiums.
Click to expand...
It would have to be anticipated when following certain players! Perez, Woods, etc. Michael Phelps, hahaha.
 
Nah, its buyer beware out on a golf course as a spectator. If I could choose to get get smoked by a PGA pro I take Mickelson. His signed gloves have a hundred dollar bill inside.
 
mcook77 said:
Can a fan sue?

As a spectator, I would think I am standing on a golf course at my own risk. I would hate for common sense to prevail though......
Click to expand...

Yes Cookie you are there at your own risk, and it probably states that on the ticket as it does with F1 tickets.

However, in these days of the 'blame' culture I don't know how much that disclaimer would stand up in court. We have all seen it in the newspapers where someone has sued the local council because they have tripped up an uneven pavement and injured themselves. Totally silly I know and if I were the judge in any case like this I would love to tell the claimant to 'watch where the hell you are going next time'.

Here in UK we have just had an instance of a Police Officer on a call for a burglary at a petrol station tripping on a raised curb stone at said place and is suing the petrol station owner for not having adequet signage and lighting for the raised curb stones. How silly is that!!!!!!!!!!

I would be VERY surprised if the pro or the tour do not carry some sort of insurance for this as it may be impossible to put any event on without some sort of cover.
 
I get the feeling there is some sort of protection for the players in this case.
 
TripleBogieTim said:
It's always really scary looking when one of the guys hits an errant shot to the other side of the ropes and they give them the 10 yard alley to hit through to the green...I can just imagine a hosel rocket hitting somebody right in the head!

We have seen a few hosel rockets from the fairway on TV this year so it does happen to them.
Click to expand...

Exactly. The guy just hit a shot 40 yards from where he was aiming and now you want to stand as close as you can to the next shot? I would get away from there and to the opposite side of the fairway and behind him if possible. I know for me hitting it into the trees is usually not followed by a spectacular shot...

Of course there is the usual waiver for injury on the golf course at these events. I am sure if it is serious the tour and the player might help you out some but guys are going to hit errant shots, it just happens. I even watched Tiger run out of gloves one day he hit so many. I think he hit three people on one hole.

Does the PGA keeps stats for that?
 
While I think there is some waiver on a ticket, what I just thought of, it wouldn't matter if there was or not. Now I have never been to a tournament (I need to change that), but wouldn't the spectators know someone was on the tee/fairway/whereever of the hole they are watching, and in that manner watch him swing and hit the ball. Do they then go "oh hey stand right here the ball is coming right at me!" I know that I would try and MOVE and not get hit. Yes I know there are circumstances where you couldn't move out of the way/misjudged the flight, but are these people trying to move at all???
 
Common sense would dictate that you're there under your own risk, but I could see somebody claiming "I saw the ball coming and tried to move out of the way, but the crowd was so dense, and the attendant in front of me holding the "Quiet" sign was blocking my escape path and prevented me from moving out of the way and therefore the PGA is at fault". My only hope is that god-willing it's one of the d-bags who yells during the swing trying to get attention on TV that takes a Pro V1 to the skull.
 
It's like that Bubba shot at the Masters playoff. He had to pull off this insane hook from the pine straw and the gallery is giving him like a 6 foot lane.

On topic, here's some language from my Ryder Cup ticket:

"Ticket holder assumes all risk and danger incidental to the game of golf, inclusive of, but not limited to, the risk of being struck by errant or misdirected golf shots, and releases The PGA of America..."

As some others have pointed out on this thread (a few fellow attorneys I'm sure), successful claims from a struck ball/puck/whatever usually have some component of failure to provide adequate or reasonable safety measures - nets too low, gaps too wide, below grade safety glass, no/inadequate safety railings, etc. As much as there is "assumption of risk," there is usually some legitimate failure on the venue's part that should have been anticipated. To be clear, that doesn't mean the injured party should collect as a matter of "right" (there are always poor decisions of course). Tournament organizers would carry liability insurance for events they put on.
 
Last edited:
You must log in or register to reply here.
Back
Top