An "illegally" bad golf handicap
A golf player hits a hiker with his tee shot resulting in claims
against the golfer as well as the owner of the golf course.
Right before the fatal swing the golfer asked his victim-to-be
if there are any more hikers on the trail. When the hiker negated
the question, the golfer returned to the tee and assumed that the
hiker had gone in the meantime. Unfortunately the following swing
was a total disaster and directed the ball right into nearby
bushes, behind which the hiker was still present. The injured hiker
consequently raised damage claims against the golfer and the owner
of the golf club.
The court of first instance dismissed the claim. In favour of
the club operator, the court decided that the warning signs placed
around the golf course were more than enough to fulfil the
obligation regarding safety precautions. Regarding the player, the
court found that he took all precautions for a safe swing. The
failed attempt was to be
