Being struck by a golf ball can be extremely painful and can cause serious injury. There are a number of documented fatality cases arising out of a golf ball striking someone in the head.Does that mean that a person struck by a golf ball can file a lawsuit against the person who hit the ball? In most cases, the answer is no.Although there is no reported Idaho appellate case dealing with this issue, the courts of other states have pointed out that the game of golf carries with it certain inherent risks. In 1997, the California Court of Appeals, in the case of Dilger vs. Moyles, explained the governing principles that disfavor allowing fellow-golfers to sue each other:“While golf may not be as physically demanding as other more strenuous sports such as basketball or football, risk is nonetheless inherent in the sport. Hitting a golf ball at a high rate of speed involves the very real possibility that the ball will take flight in an unintended direction. If every ball behaved as the golfer wished, there would be little “sport” in the sport of golf. That shots go awry is a risk that all golfers, even the professionals, assume when they play.
Holding participants liable for missed hits would only encourage lawsuits and deter players from enjoying the sport. Golf offers many healthful advantages to both the golfer and the community. The physical exercise in the fresh air with the smell of the pines and eucalyptus renews the spirit and refreshes the body. The sport offers an opportunity for recreation with friends and the chance to meet other citizens with like interests. A foursome can be a very social event, relieving each golfer of the stresses of business and everyday urban life. Neighborhoods benefit by the scenic green belts golf brings to their communities, and wild life enjoy and flourish in a friendly habitat. Social policy dictates that the law should not discourage participation in such an activity whose benefits to the individual player and to the community at large are so great.”
Therefore, most states only allow golfers to sue each other for reckless conduct, or conduct which is totally outside of the usual range of activity for this sport. Although golf courtesy requires golfers to yell ‘fore’ before swinging, failure to do so does not automatically impose liability for injuries. However, if a golfer strikes a ball in the direction where he knows that other golfers are likely to be struck, he might be held liable in negligence for any resulting injury.