Premises Liability and New Jersey Golf Courses
New Jersey is home to more than 300 golf courses. Golfers often think nothing of hitting the golf course and spending the day with 18 holes, whether by themselves or with friends.
Golf is not as fast-paced as other sports, but that does not mean accidents cannot happen. Golf courses have dangers that you may not think about while you are there.
Golf courses are expansive properties. Many facilities feature parking lots, sidewalks, cart paths, clubhouses, restaurants, locker rooms, driving ranges, pro shops, and banquet facilities.
Because golf courses operate as commercial businesses, owners and operators have a legal obligation to maintain their premises in a reasonably safe condition for patrons. Customers also need to be wary of what can happen when they are out on the course. Here is what you need to know.
Tree and Vegetation Hazards
One often-overlooked source of golf course liability involves the maintenance of trees and vegetation. Golfers frequently leave fairways and greens to search for errant shots in wooded areas bordering the course. Because course operators know that golfers regularly enter these areas, they may be responsible for identifying and addressing dangerous tree conditions.
Hazards can include:
- Dead or diseased trees
- Hanging or partially detached limbs
- Trees weakened by decay, storms, or high winds
A golfer focused on locating a golf ball is unlikely to be watching overhead for falling branches. For that reason, regular inspections, pruning, removal of diseased trees, and vegetation management programs are critical components of course safety.
Weather-Related Injuries and Lightning Strikes
Weather presents unique risks for golfers. Open fairways, metal golf clubs, and limited shelter can make golfers especially vulnerable during thunderstorms.
While golf courses are not automatically responsible for every weather-related injury, liability may arise when operators voluntarily implement safety measures and then fail to use them properly.
A significant New Jersey case examined whether golf course operators have a duty to protect golfers from lightning strikes.
In that case, a golfer was struck by lightning while walking toward the clubhouse during a storm. Evidence showed that the golf course monitored weather conditions and maintained an evacuation procedure, but questions remained regarding how effectively those procedures were implemented.
The court recognized that while the exact location of a lightning strike cannot be predicted, modern weather forecasting and lightning detection technology have made severe weather substantially more foreseeable than in the past.
As a result, the court concluded that when a golf course chooses to implement lightning safety measures, it must exercise reasonable care in carrying them out.
Examples of safety measures may include:
- Posted lightning policies
- Weather monitoring systems
- Warning sirens or horn systems
- Evacuation procedures
- Lightning-resistant shelters
- Staff training for severe weather events
Contact a New Jersey Personal Injury Lawyer Today
Accidents can happen anywhere. People need to be careful when playing on golf courses.
A Morristown premises liability attorney from The Law Offices of Michael P. Burakoff can help you understand your options for recovering compensation through a premises liability claim. Schedule a consultation by calling (973) 455-1567 or filling out the online form.
Source:
natlawreview.com/article/when-fairways-arent-so-fair-golf-liability-new-jersey-part-ii-rough
