Injury on Golf Course

[yangphong]

What is the name of your state? Michigan

Recently, my friend and I went golfing. It sprinkled in the morning so the greens and golf pathways were a bit slick. While we were on our golf cart driving down a very steep pathway, we lost contol of the cart due to the wet pathway. The cart ended up rolling over 2 times (down the hill) and landed on top of us. We were in great pain and luckily my brother and cousin were behind us and lifted the cart off us. We were quickly rushed to the ER room where we were bandaged up. I am still unable to walk due to my injuries.

QUESTION: I am planning on filing a lawsuit against the golf course for negligence and personal/property damgages. HOW WOULD THIS CASE HOLD UP IN COURT?? HOW SHOULD IT BE SETTLED???

Please respond and post any comments applicable to my case. Thank you.

[I AM ALWAYS LIABLE]

Originally Posted by yangphong

What is the name of your state? Michigan

Recently, my friend and I went golfing. It sprinkled in the morning so the greens and golf pathways were a bit slick. While we were on our golf cart driving down a very steep pathway, we lost contol of the cart due to the wet pathway. The cart ended up rolling over 2 times (down the hill) and landed on top of us. We were in great pain and luckily my brother and cousin were behind us and lifted the cart off us. We were quickly rushed to the ER room where we were bandaged up. I am still unable to walk due to my injuries.

QUESTION: I am planning on filing a lawsuit against the golf course for negligence and personal/property damgages. HOW WOULD THIS CASE HOLD UP IN COURT?? HOW SHOULD IT BE SETTLED???

Please respond and post any comments applicable to my case. Thank you.

My response:

You're joking, right?

IAAL

[yangphong]

This accident has occured more than once on this course and it hasn't been fixed.

[I AM ALWAYS LIABLE]

Originally Posted by yangphong

This accident has occured more than once on this course and it hasn't been fixed.

My response:

First of all, you've never even mentioned the "cause" of the incident. Second, you've never mentioned anything about "negligence". All you've done is told us what you were doing, and the result of that action; i.e., you ended up in the hospital.

So, would you mind telling us the "proximate cause" of your incident, and what "hasn't been fixed"?

IAAL

[I AM ALWAYS LIABLE]

My further response:

Well, I'm waiting.

What was the proximate cause of the incident? Or, is it that you're thinking that just because you were injured that you're entitled to damages?

IAAL

[yangphong]

Description: The pathway going down the hill is a 200 yard drop. The pathway is s-curved down the hill. The slippery condition caused the cart to loose control, hit the curb, and rollover.

Cause: 1) the weather - it was raining: slippery path 2) the narrow and sharp corners on the path: no room to maneuver the cart safely during conditions like this.

Negligence: 1) no warning signs cautioning the players of the dangers of slippery pathway when wet. 2) the NARROW corners on the path and the dangers of the steep path itself 3) no rails/side gaurds protecting the cart from deviating from the path in case an accident like this occurs.

[I AM ALWAYS LIABLE]

Originally Posted by yangphong

Description: The pathway going down the hill is a 200 yard drop. The pathway is s-curved down the hill. The slippery condition caused the cart to loose control, hit the curb, and rollover.

Cause: 1) the weather - it was raining: slippery path 2) the narrow and sharp corners on the path: no room to maneuver the cart safely during conditions like this.

Negligence: 1) no warning signs cautioning the players of the dangers of slippery pathway when wet. 2) the NARROW corners on the path and the dangers of the steep path itself 3) no rails/side gaurds protecting the cart from deviating from the path in case an accident like this occurs.

My response:

From what you've written, there is no negligence on the part of the golf course. This was not a governmental highway or street and, as such, is not required to be controlled by "usual" street markings or signage. Such areas, on private property, are controlled only by the laws of negligence. It would appear that common sense would have dictated to you that you should have reduced your speed; e.g., that you were moving faster than was safe for the prevailing conditions.

From what you've stated, it appears that you caused your own accident. If you had been moving at 2 to 5 mph, this accident undoubtedly would never have happened.

IAAL

[yangphong]

Remember, the cart is going down a steep slope. No gas was applied to the pedal, the cart was coasting while I was braking. Once the brakes are pushed all the way down, they are locked and that's when the cart lost control. I was NOT driving wrecklessly, I was trying to be careful and stay on the path. The cart behind me almost did the same thing -- except that the players JUMPED out of their cart to avoid the same accident. Plainly said, the path is UNSAFE.

[I AM ALWAYS LIABLE]

Originally Posted by yangphong

Remember, the cart is going down a steep slope. No gas was applied to the pedal, the cart was coasting while I was braking. Once the brakes are pushed all the way down, they are locked and that's when the cart lost control. I was NOT driving wrecklessly, I was trying to be careful and stay on the path. The cart behind me almost did the same thing -- except that the players JUMPED out of their cart to avoid the same accident. Plainly said, the path is UNSAFE.

My response:

Okay. Hire an "accident reconstructionist" and prove your allegations.

Good luck.

IAAL

[rmet4nzkx]

Is this a course where you are required to use a cart or can you walk the course?

[gonesouth]

When you got the key to the cart did you or your friend sign your name? In my state every course with scetchy paths makes you fill out a piece of paper. This piece of paper usually asks for your name and phone #. You might have thought in the past that this was used as a way of recourse if you stole the cart. This is actually a legal disclaimer to avoid the course being liable for your injuries.
If you found a case in your state where A golf course was in fact found liable for unsafe cart path conditions then you could consult with the lawyer who won that case.
Most likely a big fat waste of time.But you never can tell.

[yangphong]

Originally Posted by rmet4nzkx

Is this a course where you are required to use a cart or can you walk the course?

This course REQUIRES all players to ride carts. No disclaimers/waivers were signed before playing.

[panzertanker]

Originally Posted by yangphong

Description: The pathway going down the hill is a 200 yard drop. The pathway is s-curved down the hill. The slippery condition caused the cart to loose control, hit the curb, and rollover.

NO, the cart was under YOUR control. You lost control, causing the cart to hit the curb and flip over.

Originally Posted by yangphong

Cause: 1) the weather - it was raining: slippery path

Should have had your foot on the BRAKE then, right???

Originally Posted by yangphong

2) the narrow and sharp corners on the path: no room to maneuver the cart safely during conditions like this.

No need to maneuver, the path had CURBS, remember?

Originally Posted by yangphong

Negligence: 1) no warning signs cautioning the players of the dangers of slippery pathway when wet.

You mean that you do not know the simple law of physics that any surface that has less friction (ie; is wet) will be slippery???

Originally Posted by yangphong

2) the NARROW corners on the path and the dangers of the steep path itself

So the course should have somehow MOVED this steep incline???

Originally Posted by yangphong

3) no rails/side gaurds protecting the cart from deviating from the path in case an accident like this occurs.

You stated there were CURBS. Reasonable protection to stop people from devaiting from the path if they have their foot on the BRAKE and are PAYING ATTENTION....

[yangphong]

remove thread.