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Lousy golfers catch a break from California Supreme Court
San Francisco Chronicle ^ | 8/30/7 | Bob Egelko

Posted on 08/30/2007 6:54:25 PM PDT by SmithL

The California Supreme Court inscribed into law today something any weekend golfer knows - that hooks and slices are part of the game, and that anyone who stands in range of an errant shot is taking a chance of being hit.

Applying a principle that was first established in a 1992 case about touch football, the court ruled 6-1 that golfers, like athletes in contact sports, accept the normal risks of the game and can't sue for injuries caused by another player's mere carelessness or negligence.

But the justices also said a golfer who knows that someone is in the danger zone but doesn't look down the fairway before teeing up might be reckless, not merely negligent, and thus subject to a damage suit by the victim.

"Golfers have a limited duty of care to other players, breached only if they intentionally injure them or engage in conduct that is so reckless as to be totally outside the range of the ordinary activity involved in the sport," Justice Carol Corrigan wrote in the majority opinion.

Whether a golfer was reckless or merely negligent, Corrigan said, may depend on such factors as the golfer's skill level; what steps the golfer took to determine whether anyone was in range; what objects might have interfered with the view; and the distance and angle between the golfer and the person who was hit.

Lawyers on both sides found something to applaud.

(Excerpt) Read more at sfgate.com ...


TOPICS: Culture/Society; Government; US: California
KEYWORDS: oops
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FORE!
1 posted on 08/30/2007 6:54:29 PM PDT by SmithL
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To: SmithL
... can't sue for injuries caused by another player's mere carelessness or negligence

Or in most cases, ineptitude.

2 posted on 08/30/2007 6:57:53 PM PDT by Mr. Mojo ("Hidin' in a corner ...of New York City, lookin' down a .44 in West Virginy")
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To: SmithL

Maybe golfers should yell “heads up!” before teeing off instead of fore.


3 posted on 08/30/2007 6:59:40 PM PDT by OCC
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To: Lazarus Longer

They asked me my handicap, and I said it was usually the windmill.


4 posted on 08/30/2007 6:59:54 PM PDT by SmithL (I don't do Barf Alerts, you're old enough to read and decide for yourself)
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To: SmithL

Sandy: I want you to kill every gopher on the golf course!

Carl Spackler: Correct me if I’m wrong Sandy, but if I kill all the golfers, they’re gonna lock me up and throw away the key...

Sandy: Not golfers, you great fool! Gophers! The *little* *brown*, *furry* *rodents* -!

Carl Spackler: We can do that; we don’t even have to have a reason. All right, let’s do the same thing, but with gophers.


5 posted on 08/30/2007 7:01:50 PM PDT by nhoward14
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To: SmithL

Back in the 60’s an errant tee shot took out my dad’s front windshield as he was driving down the road. The golfer ran out to the road, apologized and paid for a replacement.


6 posted on 08/30/2007 7:02:58 PM PDT by Rb ver. 2.0 (Reunite Gondwanaland!)
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To: SmithL
I quit playing golf for environmental reasons.

It was bad for the trees, dontcha know...

7 posted on 08/30/2007 7:06:42 PM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: SmithL
But the justices also said a golfer who knows that someone is in the danger zone but doesn't look down the fairway before teeing up might be reckless, not merely negligent, and thus subject to a damage suit by the victim.

AMEN!

When this happens to me I tend to go Ape S$it on that person, I take it as a direct threat to my person.I lose my cool hardly ever, It's like a survival instinct I guess,LOL!
8 posted on 08/30/2007 7:09:51 PM PDT by cmsgop (Hillary's Milkshake is better than Your's, She could teach you, but you would rather go blind.......)
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To: SmithL
They asked me my handicap, and I said it was usually the windmill.

I always say my swing.

9 posted on 08/30/2007 7:16:59 PM PDT by doodad
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To: SmithL

No, it is “DUCK DUMMY”.


10 posted on 08/30/2007 7:17:46 PM PDT by MadMax, the Grinning Reaper (Madmax, the Grinning Reaper)
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To: SmithL

11 posted on 08/30/2007 7:25:33 PM PDT by monkapotamus
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To: SmithL

12 posted on 08/30/2007 7:36:39 PM PDT by mirkwood (Maine coast is nice tonight-63 degrees f)
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To: SevenofNine

13 posted on 08/30/2007 7:37:04 PM PDT by monkapotamus
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To: SmithL

“It’s not my fault.”

The lousy golfers defense.

I love it!


14 posted on 08/30/2007 7:37:15 PM PDT by Balata
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To: SmithL

What is the difference between a lousy golfer and a lousy skydiver?

Answer: A lousy golfer goes WHAP! “Oh crap!”. A lousy skydiver goes “Oh crap!” WHAP! ...
;^)


15 posted on 08/30/2007 7:41:40 PM PDT by Balata
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To: xzins; blue-duncan
What is the difference between a lousy golfer and a lousy skydiver? Answer: A lousy golfer goes WHAP! “Oh crap!”. A lousy skydiver goes “Oh crap!” WHAP! ... ;^)

I'm thinking Neener Hijack here.

16 posted on 08/30/2007 7:46:29 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: xzins; blue-duncan; jude24; Forest Keeper
A golfer hooked his tee shot over a hill and onto the next fairway. Walking toward his ball, he saw a man lying on the ground, groaning with pain.

"I'm an attorney," the wincing man said, "and this is going to cost you $5000."

"I'm sorry, I'm really sorry," the concerned golfer replied. "But I did yell 'fore'."

"I'll take it," the attorney said.
17 posted on 08/30/2007 7:48:15 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: Rb ver. 2.0

One time...at band camp..


18 posted on 08/30/2007 7:50:45 PM PDT by Fedupwithit (If you waste your time thinking about what if, you will miss what was)
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To: cmsgop

I don’t get out to the links much, but one time I was out this foursome behind us got too eager to tee off. The last of our foursome was just taking his second shot, a solid five-iron to the green, when their first guy’s tee shot dropped out of the sky less than ten feet away.

My golfin’ buddy made his shot to the green, then changed clubs, dropped two fresh balls out of his pocket, and cleared the tee with ‘return fire’ from his “Big Bertha”.

We had a very quiet round, after that, and, “No,” they did NOT ask to play through.

I DID learn, early on, that it’s not always the guys down range of the tee who are in greatest danger. One course I’ve played has a tee very close to an adjacent road. They put in a chain link fence with 4” diameter posts alongside the tee to shield the road, and it extended some 25 feet beyond the position of the ladies’ tee, about 20 feet off to the side. Well, one of the guys I was with, on this particular day, toed the ball off of his driver stright “BING!!!” into that last fence pole, and it came hissing right back through where we were standing by the bench off to the side of the tee. Nobody said a word; we all just looked at each other. Finally one of the guys looked over to the guy on the tee and asked, “So, you’re takin’ a Mulligan?”


19 posted on 08/30/2007 8:00:59 PM PDT by HKMk23 (Nine out of ten orcs attacking Rohan were Saruman's Uruk-hai, not Sauron's! So, why invade Mordor?)
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To: SmithL

I love the ones that don’t yell that before they just play through. I have met up with some really rude ones. I always let people play through; but this one guy really made me mad. So I challenged him to a game and mopped the floor with him and I am not even good.


20 posted on 08/30/2007 8:26:13 PM PDT by freekitty (May the eagles long fly over our beautiful and free American sky.)
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