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Hi

Not sure if this is the correct section, so please move if needed.

 

This is a question regarding golf courses / players and liability

 

We stay close to a recognised core path, recently the land to the inside of the path was converted to a 9 hole course. The owner has planted some small trees, looks like it may become a beech hedge in a few years.

 

My question is, should someone be walking along the path, which is outside of the golf course boundary, be hit by a golf ball, who is liable?

 

The issue I have, it is a turn up and play course, so all non members. The people playing are unlikely to have insurance that covers them for this. I would also expect there could be some denial too on the players part.

 

Does the owner have a duty of care to have some protection in place to compensate for the significant injuries that can occur?

 

Thanks

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The golf course owners would be liable, as they have a duty of care to the public, in making sure there are sufficient barriers to stop wayward golf balls hitting people outside of the course.

 

Locally a long time ago, the local council had a claim against them in regard to a small pitch & putt course they had. They had put some barriers up, but they were inadequate and someone outside of the course was hit on the head causing a nasty injury. The council had to pay compensation and increase the size of the barriers,

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Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078

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Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078

 

I had to look it up ! Long time since i read of that and had to look it up.

 

https://en.m.wikipedia.org/wiki/Bolton_v_Stone

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