Part (a) Paul was playing golf with two friends at his local golf course in a we
ID: 394849 • Letter: P
Question
Part (a)
Paul was playing golf with two friends at his local golf course in a weekend golf competition. Paul hit a drive and proceeded to walk forwards along the fairway towards where his golf ball landed. Paul was approximately 50 metres from Wayne when Wayne decided to hit his golf ball. Wayne thought it was safe to hit because Paul was near a line of trees that provided some cover. Unfortunately Paul is hit in the face by Wayne’s golf ball.
Paul is considering bringing legal proceedings against Wayne.
REQUIRED
Will Paul be successful if he brings legal proceedings against Wayne? In your answer refer to relevant sections of the Civil Liability Act 2003 (Qld) and to any relevant case law.
(10 marks)
Part (b)
Paul is also considering bringing legal proceedings against the Golf Club. He believes that the Club should have installed protective fencing to allow players and spectators to safely move along the side of fairways without being struck by golf balls. However the club say that they cannot be liable because they are protected by wording that appeared on the back of a scorecard.
Peter, who was playing golf with Wayne and Paul when Paul got hit, was handed a scorecard by the Golf Club. The scorecard contained the wording:
“This golf club accepts no responsibility for any loss, harm, injury or death howsoever suffered by any person that enters this golf course”
The writing on the back of the scorecard was particularly small and Paul has difficulty seeing small print. Further, Paul states that he never saw that scorecard. Although, Paul is a regular player at the course and has on numerous occasions been the player responsible for keeping score by using scorecards supplied by the Club (that contained the exact same wording on the back of the card).
REQUIRED
Does the wording on the scorecard protect the Golf Club from liability in relation to the injury Paul has sustained?
(10 marks)
Part (c)
Worse is still to come for Paul. Paul does not seek any medical treatment for his injuries. He believes he merely has some slight concussion and a bad scar from the incident. However, after two weeks his eye sight starts to deteriorate. It turns out that there has been some permanent damage to his left eye as a result of the incident.
A specialist report from medical professionals reveals that if Paul received treatment in relation to his eye within 48 hours after the incident he may have avoided permanent damage.
Paul is furious because his weakened eyesight means that he can no longer work as a commercial airline pilot. Paul retires from his job as a pilot.
Without the income from his job, Paul is forced to sell his investment property. Paul believes that the housing market is at a 5 year low. Paul’s real estate agent told Paul that if he was able to hold onto his investment property for another 12 months he would make $50,000 more on the sale. Paul says he must sell to cover his living expenses.
Paul believes he is entitled to an order for damages resulting from the incident at the Golf Club. Paul wants to claim all his future medical expenses in relation to his left eye, plus 10 years’ worth of lost income (he was due to retire in 10 years), plus $50,000 loss resulting from the early sale of his investment property.
REQUIRED
Advise Paul regarding damages. Which amounts can Paul claim as damages resulting from the incident at the Golf Club?
(10 marks)
[Total for Question: 30 marks]
Explanation / Answer
From the case analysis we can say that Paul will win any civil liability case against Wayne. Section 9 of the act apply for such damage. Wayne could have avoided this if he used his judgmental capacity and probability of hitting Paul with the golf stick. It is tantamount to breach of duty. Under this section he can sued Wayne. Adequate care has been taken by the golf club and it has mentioned that it is not liable for any injury and hurt to any player. The golf club have done its work as per the stated law. It is the common sense and application of mind of golf players to remain unhurt and avoid injuries in the club. The wording will save the club also whether Paul has read or not the scorecard, it will be assumed that he has read it. Injury sustain by Paul in golf club deteriorate more and caused permanent damage of eye because Paul didn’t received treatment with in 48 hours. This problem caused due to carelessness of Paul and no one will be responsible for this. But all these happened due to the incident so according to the law Paul can claim damage for the treatment cost of the left eye only.