Playing golf is not as dangerous as powered paragliding, but according to one golf enthusiast, he unjustly suffered an injury at the hands of his golfing partner. Dr. Anoop Kapoor and Dr. Azad Anand were playing a round of gold in 2002 when a rogue ball shot by Dr. Kapoor hit his friend in the eye.
The shot blinded Dr. Anand in the eye and he sued his former golf friend alleging personal injury and negligence for failing to warn of the shot by yelling “fore.” Dr. Anand claimed in his filing his vision suffered by the injury, and as a result his medical practice. Anand’s personal injury lawyer claimed his client is unable to work full-time, which has cost him millions of dollars in income.
Fore is a customary warning in golf, although it is not required per the rules of the sport. Dr. Kapoor claims he yelled when he saw the ball heading toward Anand, but witnesses claimed they never heard a warning.
Kapoor testified in court that he believed Anand was standing behind him and not several feet in front of him.
The Nassau County Supreme Court dismissed Anand’s lawsuit in 2007, ruling that no golfer was in the foreseeable zone of danger and that Anand had left a place of safety behind the defendant. The court also ruled that Anand assumed risk by playing the game.
An appellate court upheld the ruling, stating that all sports participants consent to certain risks that arise out of whichever sport they are playing. Kapoor’s failure to issue a warning did not amount to intentional or reckless conduct, and a hit by a golf ball without a warning is a commonly appreciated risk of golf.