- Golf Ball - Michael Berthelot
Accidents can happen on a golf course. People play in groups and on adjoining fairways. Sometimes players don’t see each other and injuries occur. So, what is a golf player's duty to avoid injuring other players, especially when the other players are on other fairways and out of sight?
A Golfer’s Duty to Other Players Under Louisiana Law
The Louisiana Fourth Circuit Court of Appeals adopted the general rule for the duty that a golfer owes to another golfer in the Murphy v. Podgurski, case in 1970:
“a golfer owes a duty to use reasonable care to avoid injuring other players on the course. A player intending to strike a ball is under a duty to give the traditional warning by yelling 'fore' to persons in his line of play or those in such a position that possible injury to them is reasonably foreseeable. However, the player is under no duty to give advance warning to persons on contiguous holes or fairways, where the danger to them is not reasonably anticipated nor is he under a duty to give a specific warning to another player whom he knows already has him in view and is aware of his intended drive.”
In Murphy, the plaintiff (the injured player) and the defendant were playing on parallel fairways. Mrs. Murphy walked into the rough area separating the fairways to retrieve her golf bag when she saw Mr. Podgurski preparing to strike his ball. Mrs. Murphy was to Mr. Podgurski's left. Mr. Podgurski intended to drive the ball straight down the fairway but when he hit the ball, it "pulled" to the left and hit Mrs. Murphy. The court found that the defendant was not negligent and stated that "It is common knowledge, at least among players, that many bad shots must result although every stroke is delivered with the best possible intention and without any negligence whatever."
The court has applied this precedent in a similar cases. In Baker v. Thibodaux, the plaintiff and defendant were playing in separate foursomes on parallel and contiguous holes. The plaintiff was walking towards his ball near the rough on the left side of the fairway just before the accident when he heard someone yell "fore." He looked up and saw a ball coming towards him. The ball hit him almost immediately thereafter. The defendant did not see anyone on the next fairway when he hit the ball. He attempted to hit a straight shot, but he hooked the ball to the left.
The court followed the general rule from Murphy and held that the defendant "was not negligent because … an occasional bad shot is an inherent part of the game." The court further held that "such shots…can result from the efforts of even the most qualified and conscientious golfers." Additionally, the court "noted the risk of being struck by an errant shot hit by a player on a contiguous or adjacent fairway is 'a risk all golfers must accept.' Under this rule, a golfer who hits another golfer on an adjoining fairway does not owe the injured golfer a duty to warn him before hitting the ball or to refrain from hitting the ball because the danger to a golfer on an adjoining fairway is not reasonably foreseeable.
According to the general rule for golfers adopted in Murphy, a "player is under no duty to give advance warning to persons on contiguous holes or fairways, where the danger to them is not reasonably anticipated…." Therefore, the striker of an errant ball does not owe a duty to an injured player to give him an advance warning under these circumstances; hence, he is not negligent.
Yelling a Warning Fulfills a Duty to Other Golf Players
However, if a player who strikes an errant ball shouts a warning when he realizes that his ball will be errant, he discharges his duty to warn other players according to precedent set in Baker v. Thibodaux. In Baker, the defendant "admitted that he had not hollered 'fore' prior to his tee shot on the 16th, but both he and other members of his foursome testified that they had yelled 'fore' upon observing the ball veer to the left."
The court held that the defendant (the player who struck the ball) "discharged his duty to a non-companion player by yelling 'fore' as soon as the erratic nature of the shot was observed, and … [the defendant] acted as a reasonable golfer under the circumstances." Therefore, according to this precedent, a player discharges his duty to a non-companion player by yelling a warning as soon as the erratic nature of his ball is observed.
In summary, a golfer does not have a duty to give advance warning other golfers on contiguous holes or fairways of errant balls. However, if a golfer yells a warning once he realizes that he has struck an errant ball, he has discharged his duty to non-companion players. Under circumstances such as these, Louisiana law provides no grounds for an injured player to recover. However, each situation is different. If a person finds himself or herself in a similar situation, he or she should consult an attorney.
Sources:
Murphy v. Podgurski, 236 So.2d 508 (La. App. 4 Cir.1970), writ denied, 239 So.2d 363 (La. 1970)
Baker v. Thibodaux, 470 So.2d 245 (La. App. 4 Cir.1985)
This article is for informational purposes only and is not intended to be used as legal advice.
Michael Berthelot - Michael Berthelot.has a B.A. in Economics with a minor in Political Science from the University of New Orleans. He is also a certified ...
