COMMUNITY

FOOOOOOORRRRRRRRRRRRRRE!!!!!!!!!!!!!!!!!

No matter how good someone is, I always assume the next shot will be a shank and can go any where. I'll stand behind him/her or at least take cover behind a tree or golf cart. If I get hit, it's my fault for not taking cover.

Lawsuit will be a dead end. Golfers assume the risk, just as homeowners who have houses on golf courses assume the risk.

The only way the golf is liable is when they knowingly hit a ball in the direction of another golfer...ie on purpose.

These types of lawsuits have been around since the 1800's.

Another prime example of why this country is where it is at.....why is this even in a court. He was playing golf and this was an accident from what I read. The Doc did not intentionally tee it up and hit it at him!!!!!!!!!!!! Really?

It is also my understanding that golfers are not by law required to yell "FORE"...it is considerate but not a law that you must warn someone of potential danger.

If I remember right there was a legal case sometime ago where a similar case was in front of a judge and the judge said..."it would be one thing if the guy meant to hit you, or if every golfer could control the direction of every shot, but golf is a game which you never have complete control."

I would actually assume that if his partner walked in his line of play that he would assume all responsibility.

I got hit from 30 yards away when my playing partner (a doctor by the way) asked me to walk up a hill to see where his ball landed. He pushed the shot dead into me...no fore...because there was no time.

He apologized over and over and my response was..."You may have hit the ball but I was dumb enough to stand in front of you...even if you asked me to."

I probably had a better case than the blind golfer.

The case of which this thread is the subject was previously adjudicated twice, both times in favor of the defendant. It now goes before the NY Supreme Court.

Golfer Had No Legal Duty to Yell 'Fore' Before Shot, Split Panel Finds
Jeff Storey

New York Law Journal
April 28, 2009

A Long Island golfer did not have a legal duty to yell "fore" before taking a shot that blinded a friend and fellow-physician in one eye, a divided appeals court has ruled.

The New York state Appellate Division, Second Department, held in Anand v. Kapoor, 2007-05606, that Anoop Kapoor could not be held liable to Azad Anand for ignoring one of the "universally recognized" customs of golf before he shanked a ball into Dr. Anand's left eye.

The decision represents a refinement, if not an overturning, of a line of precedents fashioned by the courts to deal with accidents stemming from a game that was played by 29.5 million Americans in 2007, according to the National Golf Foundation.

Such accidents are not unusual. Even with the most intense concentration on the part of players, a 45.93-gram golf ball can fly off in unpredictable directions, striking people and property.

The 3-1 Second Department majority affirmed in an unsigned opinion a lower court's dismissal of Anand's personal injury suit, holding that, given the circumstances of the accident, Dr. Kapoor could not have reasonably anticipated that Anand was in any danger from his shot.

But even if Kapoor had been negligent, it held that the suit had to be rejected because the risk of being struck by a misdirected shot is an "inherent" part of golf.

"While we are sympathetic to the fact that plaintiff was seriously injured as a result of this accident," the panel observed, "to conclude that the defendant can be held 'liable' in tort for a poorly-executed golf shot because he may have negligently failed to shout 'fore' is inimical to the rationale underlying the doctrine of primary assumption of the risk, and at odds with the public policy goal for its adoption" -- to encourage "free and vigorous participation" in sports and recreational activities."

Same thing happened to a friend of mine. His shanked hit blinded the eye of one of his playing companions. There was no legal action.

This is somewhat related. I was on a fairway and next to me on a paralell fairway some guys are playing. The guy about to hitthe ball yells to hisz buddy your right where I'm aiming. The other guy deadpans yeah why do you think I'm standing here

On par 3's, when a group lets another group hit up to speed up play, I've often wondered why the players walk off the back of the green. Obviously, the safest place to stand is right at the hole.

Even if they let the suit go through.. the guy that got hit could not react fast enough...and the guy hitting the ball did not have time to get the "F" out....

If he was standing 30ft to the side, the ball would have made it to him somewhere between 0.14 and 0.28 seconds (Assuming ball speed 75-150 MPH).

An eye blink is between 0.3 and 0.5...

How could a reasonable person award him anything?

Yes I have too much time....

The American dream.....Sue their ass!!!

"The state'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."

Since when is the expectation on anyone's part to yell fore BEFORE the shot! Sorry for the doctor's misfortune but I agree that the long lasting precedent of assumed risk applies and hopefully stays that way.

If you go to a tournament and Stephen Ames hits you in the head are you going to sue him, of course not(See recent video). If you go to a Nascar race and a tire flies off and hits you are you going to sue the driver or the track, of course not...well mainly because you would be dead. But these are the chances we take in playing sports or watching sports. Thats why they call them accidents. Now if he intentionally did it and there was a witness, well then, you have a case~