Florida is home to over 1,260 golf courses. Due to the temperate climate of the state, it’s common for each of these courses to be played every single day of the year. The largest golf courses will welcome hundreds of golfers a day, 365 days a year. For the most part, play proceeds on these courses without disruption or incident. However, given the sheer number of people participating in the sport in Florida, it comes as no surprise that accidents and injuries do occur.
On courses throughout the United States, over 40,000 golfers are injured each year. The majority of these injuries occur because of collision between errant golf balls and unaware golfers. Except, Florida leads the country in the number of golf cart injuries each year. Other golf injuries include tripping out on the course or in a clubhouse, sprained ankles from stepping in divots or unnoticed holes, cracks in parking lot concrete and walkways, and head injuries from reckless swings or thrown golf clubs.
If you suffer an injury at a Florida golf course, whether a head injury, golf cart crash or otherwise, what are your options for legal recourse?
Who Is Responsible for an Injury?
The first question a premise liability attorney must answer is who is responsible for the injury. Outside the legal context, this may seem a straightforward question. The responsible party is whoever hit the golf ball, drove the golf cart, or failed to repair a divot if you twisted your ankle while walking on the fairway. However, in legal terms, the answer is more complex.
Certain golf-related accidents and injuries are assumed risks of the sport. While golf may not have the reputation for head injuries or broken bones, as are common in sports such as soccer and football, there are still certain injuries that are simply part of playing golf. This can include a golf ball hitting your head or tripping over recent divot. In these instances, recovery for medical costs and other losses is difficult, if not impossible.
Under other circumstances, an injury at a golf course might be the cause of someone’s recklessness or negligence. For instance, an injury that occurs from faulty course design could lead to a successful lawsuit against the golf course owner. The course owner does have a duty to keep the course safe and secure for players. If injuries a high number of injuries occur in the same place on the course without action or remedy on the part of the course owner, there is a strong argument the owner breached this duty and failed to ignore an obvious risk.
Procedural Requirements to Sue After a Golf Injury
There are several procedural requirements that a Florida personal injury lawyer will consider when developing a lawsuit against a Florida golf course or another golfer. At the onset, the most important procedural requirement is the statute of limitations. In Florida, any personal injury claim, including those for injuries on a golf course or golf cart, must be filed within four years from the date of the accident.
This four-year timeframe is called the statute of limitations, and bringing a claim in within this period is a strict procedural requirement in the state. If you fail to file within four years, you are barred from bringing a lawsuit in the future.
Contact a Golf Injury Attorney in Florida
Injuries on the golf course have a specific set of considerations for a personal injury attorney. These include asking the right questions of a client regarding how the injury occurred and why and putting together a strategic claim that holds the widest number of people responsible for an accident or injury. Our personal injury law firm in Miami regularly handle personal injury claims involving golf courses, golf carts, and golf clubhouses.
To speak with an experienced injury attorney at Aronfeld Trial Lawyers call 1-866-597-4529 or our local Miami number at (305)-441-0440. Our legal team can also be reached electronically via [email protected] or via SKYPE.