Golf Law: NY Court of Appeals Says No Duty to Yell Out 'Fore!'
So let it be written: Golfers need not shout out "Fore!" before hitting each shot. In New York, at least.
As discussed here, in November 2010 the New York Court of Appeals heard oral argument in the case of two doctors who were playing golf together. Dr. Anoop Kapoor hit a shot from the rough that went 50-80 degrees off course and hit Dr. Azad Anand in the head, blinding him in one eye. The issue before the court was whether Dr. Kapoor had any obligation to scream out, "Fore" before swinging.
Yesterday, the court ruled that Dr. Kapoor had no such obligation. The court reasoned that
Here, Kapoor's failure to warn of his intent to strike the ball did not amount to intentional or reckless conduct, and did not unreasonably increase the risks inherent in golf to which Anand consented. Rather, the manner in which Anand was injured—being hit without warning by a "shanked" shot while one searches for one's own ball—reflects a commonly appreciated risk of golf
So all of us who have the "ability" to accidentally hit a golf 50-80 degrees off course can breathe a bit easier today.
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Posted by Bruce Carton on December 22, 2010 at 10:29 AM | Permalink
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