Tragedy aside, what are people's thoughts on this? Is there any liability on the part of the course or is it just simply an unfortunate accident? I think she will receive an out of court settlement with the organisation apologising but maintains they weren't negligent. I'm inclined to think they weren't.
Something I find odd about this story is that every news report says 'the lady claims she has been blinded' or 'the woman says she is blinded' rather than 'a woman HAS been blinded'. I may be reading something into it that isn't there but it seems a very strange way for them ALL to word it.
It is just some crap luck and i sympathise with her, would be awful losing half your sight. However, when she starts criticising that there were no warnings on the tickets and that they shouldve been made aware they were going for the green etc then it's obvious the dollar signs have lit up in her... erm... eye. She's an amateur golfer that claims she has had two holes in one for christ's sake... she knows the dangers.
Did she get hit in both eyes? She was hit in her right eye, which blinded that one, but she thought **** it, it'll be reight, I've paid for ticket, and she stayed for rest of the day and then got hit in her left eye too? That's proper unlucky.
I tend to agree with your conclusion Conan. There a has to be an overall element of "patrons entering the course do so at their own risk", although I do think that players and officials should have a formal requirement to shout "fore", which isn't done anywhere near as often as it should be (although was in this case). I've been to the Open every year since 1991 and seen lots of spectators hit by the ball. It's feels harsh saying it in the circumstances, but I do think it comes with the territory.
If somebody got hit by the ball in the stands at oakwell causing serious injury would there be grounds for compensation? I feel for the woman if her injuries are as bad as reported but at the same time you hope she was paying more attention to take evasive action should the ball be heading in her direction.
Like you say, they did shout fore so I don't know if she didn't hear or didn't move fast enough. Not sure what more they could do. Have to feel for Brooks Koepke too.
I don't watch Golf but I have been reading about this incident and my conclusion is that I agree with CT. I honestly don't see how liability can be apportioned to the course / club. Everything points to this being an accident that I can't see could have been avoided. Is it very rare for a spectator to get hit by a ball at Golfing events?
If I can put my oar in. Going to an event like this there is an element of risk involved. 1 - The patrons/spectators should have been made aware of the risk/(s) - hence the 'ropes' to guide the spectators as to what the area they should be in. Yes the players are 'professionals' they usually hit the ball towards the target, not the spectators 2 - Once a ball has been hit that is on its way OUTSIDE of the ropes (not that these ropes are a safe limit) There is a duty of care that the people involved, be it player, caddy, officials or whoever should warn those in danger HAVE to give warning ie shout FORE to lessen any risk. This is given. Any (club) golfer who hits a wayward shot onto another fairway or its environment, will (I would suggest) have the onus on themselves to give a warning - I, on many, many times have given such a warning 3. Should a player/caddy/marshall/official in such a position not have given a warning then, I believe they are liable, not only in law but purely out of courtesy. I've never hit anyone, yet again I've not had 10's of thousands watching me play. 4. From a golfer's point of view. If that had been me and not the American involved, I'd be devastated regardless of whether or not I had given a warning. I guess its like a car driver knocking someone over unintentionally.
Koepke didn't actually shout four , a lot of American pro's don't , theres a delay before anyone shouts anything. Some tournaments have Marshals that stand behind the tee and indicate where the ball is going. .the woman was unfortunate where she was stood to get hit if only because there was a lot of other taller people around her. There was a Marshal stood quite near her who seemed to be looking at the flight of ball coming towards them but didn't react at all.
It was an accident, but that doesn't mean that she doesn't want (or won't get) considerable compensation. If you were in a motor accident that was not your fault you would claim compensation from the other driver. In this case, she will be claiming compensation from the insurers. I suspect given the life-changing injuries, it will be a considerable (six-figure) amount.
Completely agree with this- I personally wouldn't be telling everyone that listens however how the organisers didnt do this and that. The kids who got badly hurt at Alton Towers a few years ago for instance didn't run straight to the press and this was a much clearer example of negligence. They did it with dignity. Money is all well and good but it isn't sadly going to bring her eye back. It seems to be a case of kicking up as much fuss as possible to maximise the payout.
You are right in all You say but just think how traumatic losing the site in one eye could be. She went to the golf one day and lost a eye she could well be in a very angry and emotional place. If someone from the press has got to her and asked her some questions it's hardly surprising she would be upset and perhaps speak out. It was just a freak accident and I'm not sure anyone is really to blame. However considering golf is awash with money once the legalities are dealt with I'd like to think something could be done to compensate the lady. Also feel for the lad who hit the shot, he must feel terrible about it, it may even have a impact on his game. Reminds me a bit if the situation with the guy who bowled the delivery that killed the cricketer Phil Hughes.
Thing is she got smacked right in front of the press so there was always going to be interest in this. Secondly if I went to to a sporting event and ended up losing the sight in one eye or severely impaired vision I would be using every means possible to get some compensation. I’m not a golf fan but I wouldn’t have thought it was difficult to have something like an air horn alarm if a ball goes astray . It’s not like a football match , for a start the ball’s a lot smaller and a lot harder and even if someone was watching they may not pick it up
I have sympathy for her and would hope that the relevant bodies would do something out of goodwill, but from a legal standpoint I don't think she should be entitled to owt. Getting hit by a golf ball is a foreseeable risk of attending a golf event, and she voluntarily assumed that risk.