This case is one which concerns duty of care issues that may
arise when a golfer is injured when he/she is struck by a stray
ball.
The appellant, Dr Pollard, was injured when he was struck by a
golf ball driven by the respondent, Mr Trude, as they and two other
men played a round in a club competition. Dr Pollard sustained
substantial injury to his right eye, which left him with partial
loss of vision.
Dr Pollard alleged that Mr Trude breached a duty of care by
failing to warn Dr Pollard that he was about to hit his ball; and
by failing to shout "Fore", as opposed to shouting
"Watch out", once it was apparent that the ball was
heading towards Dr Pollard.
At first instance, Chesterman J found that Dr Pollard failed to
establish liability and entered judgment for Mr Trude, holding that
Mr Trude was not negligent in not warning Dr Pollard before
taking his shot; and that there was no relevant difference between
a warning of "Fore" and a warning of "Watch
out".
