Golf And The Law – Yelling “Fore” Unnecessary

The New York Courts of Appeals, the highest court in New York State and the equivalent of other states’ Supreme Court, has ruled that a golfer need not yell “Fore” on a mis-hit shot. According to the Court of Appeals, those participating in sporting and recreational events assume the risks associated with the activity. In the case of golf, that includes getting hit with an errant shot.

The case before the Court involved three golfers playing on a Long Island course. Two members of the threesome hit their balls into the deep rough. Both located their balls. As the one in front turned to announce that he had found his ball, the player behind swung at his ball and shanked it, hitting the other in the head. For non-golfers, a shank is a shot hit, usually hit off the hosel [the part of the shaft that attaches to the club face], that flies off at an angle not intended by the golfer.

In this instance, the player who was hit was a neuroradiologist who lost sight in one eye and was unable to continue working due to the injury. New York’s Court of Appeals upheld rulings by the lower courts dismissing the case. The Court explained that intentional or reckless conduct may result in a legitimate claim, but that was not the case here. Being struck by an unintentionally shanked shot, according to the Court of Appeals, “reflects a commonly appreciated risk of golf.”

Golf etiquette in determining when one should strike one’s ball was apparently not a consideration in the Court’s determination. Still, it is very uncool to sue one’s long time playing partner over an errant shot…just ask Dick Cheney’s hunting partner [not a shanked shot, but a cheap shot on my part]. The two golfers had been playing partners for years.