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  #1  
Old 06-24-2003, 07:54 PM
ken5952
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hit by golf club during instruction


What is the name of your state? ca
Two weeks ago, I played golf with my friend A and his wife. Since his wife is a first time golfer, I had to show her how to swing a club. During the instruction, she swung her golf club and hit on the my head accidentally. I got bleeding on the head and went unconcious. This happening ended up in the emergency room a hospital. After all. I got recovered.
The hospital will send me a bill of $1000, and My friend A refuses to pay the bill. I have a witness and I think it is unfair to suffer from injury and the hospital charge.
what can I do?
  #2  
Old 06-24-2003, 07:59 PM
hexeliebe
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Next time DUCK!!!

I agree your friend should at least offer to help offset the expenses, but this was an accident. Nothing more. Next time choose better friends.
  #3  
Old 06-24-2003, 08:19 PM
ken5952
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thanks for answer


He is not my friend anymore because he said I suffered from my mistake but his wife's

Do people teach golfing with assuming risk of being hit?
  #4  
Old 06-24-2003, 08:35 PM
hexeliebe
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Listen, I'm trying to remember that you were hurt badly but you've got to admit, it's funny reading.

I will apologize ahead of time and I'm not trying to be cute.

But you were not teaching golf. You were showing a friend's wife how to swing the club. An accident insued and you found out this wasn't a true friend.

You still could take them to court for your expenses, but you will more than likely not win because you are not a professional instructor and there was no gross negligence that you can point to on the part of the wife.

It's an expensive and painful lesson but a real friend would have paid without question.
  #5  
Old 06-24-2003, 10:40 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
My response:

Our writer correctly guessed "assumption of the risk" - - in this case, "primary assumption of the risk". Under California law, he cannot win a dime in court. The "primary assumption of the risk" doctrine completely bars a plaintiff's right of recovery against the defendant in a sporting situation. [Knight v. Jewett (1992) 3 Cal.4th 296, 308-309]

So, don't blame your friends for not paying you. They don't have to. It's the law.

IAAL
  #6  
Old 06-24-2003, 11:31 PM
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Join Date: May 2000
Location: Catatonic State
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Fore!
  #7  
Old 06-25-2003, 01:21 PM
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Posts: 12,062
OUCH!!!!
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