AT first glance, golf may seem less dangerous than sports like football or cricket, but both players and spectators are becoming increasingly aware of the risks on the golf course. This raises questions about liability for injuries caused by errant shots: who is responsible—the golfer, the facility, or neither? And can players and clubs insure against such injuries?
The legal landscape surrounding liability for injuries from wayward golf balls is murky, with substantial financial risks for course owners. Each case’s liability depends on specific circumstances.
In Australia, reported golf injuries are rare, despite hospital records indicating a range of cases annually. Many personal injury claims are either not pursued or settled outside of court. A notable case occurred in 1994 when Glen Thomas Ollier was seriously injured by a stray shot during a charity game, leading to a $2.6 million award against the player, not the golf club.
Understanding club liability involves the Occupiers’ Liability Act, which requires clubs to provide a reasonably safe environment. Clubs must warn visitors of foreseeable dangers and take appropriate measures to fulfill their duty of care. If a club is deemed negligent—failing to uphold this duty and causing foreseeable harm—it may face legal action.
For a claim to succeed, three conditions must be met: the club must have breached its duty of care, there must be a causal link between the breach and the injury, and the harm must have been foreseeable. If these elements are established, the club’s negligence is confirmed, leading to assessments of responsibility.
To protect themselves and their members & visitors, golf clubs should conduct formal risk assessments, install clear warning signs for foreseeable risks, and encourage reports of near misses.
Golf clubs, players, and tournament organisers alike should protect themselves against golf ball negligence claims by obtaining suitable liability insurance, supplementing automatic cover for members provided by Golf Australia.
For more on golf industry insurance please contact Daniel Bateup of Golf Business Australia info@golfbusinessaustralia.com.au / 1300 852 025.
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