Who would ever expect to suffer life-threatening injuries on a golf course? A recent premises liability lawsuit that was filed in California shows that it can happen. In fact, in this case, a golfer apparently died just more than a week after he suffered a personal injury on the defendant's golf course. The deceased golfer's surviving family members filed this suit against the golf course owner after they lost their loved one in March last year.
Court documents indicate that the 71-year-old man sat in his golf cart when a nearby tree fell over and struck him. He was hospitalized and required surgery, but he succumbed to his injuries, which reportedly included a severe dislocation and fractured cervical spine. The death certificate showed his death was the consequence of blunt force trauma to his neck.
For a viable premises liability lawsuit, the injured or deceased person must have been an invitee with a legitimate reason for being there -- such as customers in a store or golfers on a golf course. An invitee can then assume that the owner of the property has taken reasonable care to provide safe premises. This type of care is also what is required by state law.
During court proceedings, the court will consider the relationship between the victim who suffered personal injury and the landowner as well as the purpose for which the premises is used. The court will also consider whether the property owner took reasonable steps to warn visitors of the danger and what measures were taken to remedy the hazards. This may all sound overwhelming, but an experienced California personal injury attorney can deal with the legal proceedings in pursuit if recovery of the economic and non-economic damages sustained by the plaintiffs.
Source: FindLaw, "Wrongful Death Suit Filed Against Golf Course After Man Killed by Falling Tree", Christopher Coble, April 3, 2018