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Spectator at Ryder Cup loses an eye!


perseveringgolfer

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If I was Brooks her medical bills would be taken care of, regardless of disclaimers. Sometimes it's not about the fine print, it's about doing whats right.

It sounds like he’s doing what he can to make things as easy as possible for her, I just don’t like the part about “taking legal action” there shouldn’t be any case for liability in this on Brooks and it just looks bad on all parties involved. What happened was really terrible and I don’t dare say otherwise but lawyers and courts aren’t gonna make this any better. Sounds like Brooks is reaching out so maybe they can avoid them all together and everyone come out of this decent.



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If he covers the medical costs I wonder if that would imply he is taking responsibility, which would open him up to a personal lawsuit. I think suing is the way to get the insurance carriers to cover the medical costs.

Whole situation sucks, I feel bad, but when I go to an event, while I'm there to have a good time I also am on the look out for things flying at me.

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On 10/2/2018 at 7:42 AM, sixcat said:

I agree with this!  I just don't like talk of legal action. 

While I never went to law school, as a business major I was required to have two semesters of business law (the UCC, what is a bailment, that kind of thing).   The professor, a member of the bar, always stressed the ethics of the legal profession.  Aging myself, at the time, it was against the established professional ethic for lawyers to advertise.  Now every other TV commercial is a lawyer looking to sue somebody.   

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in case a link wasn't posted.. https://www.cbsnews.com/news/ryder-cup-2018-woman-partially-blinded-by-brooks-koepka-tee-shot/

a woman and her husband traveled from Egypt to watch the RC. Brooks is pretty twisted up about it as any human being would be. I'm sure he'll make reasonable efforts. 

I'm positive that the organizations and courses have their "suits" reviewing all ticket and marketing related print ensuring clearance of all liabilities. 

Final thought: Imagine the difficulties that us regular Joes have trying to keep the ball in play at any given time. Now take all of the space on a regular course that we have available to us.. and literally cut that in half and that's what the Pro's have to deal with.. and It's not like that space is filled with more water or bunkers.. it's people. On TV it looks like a bad shot because it goes into a crowd but really it's just a few feet into the dividing rough or just barely off the fairway. Fly the green by 15 feet.. hit a person, 5' into the rough hit a person, pin high 15' to the left.. smack. Gives a different perspective to just how good those guys have to be. 

 

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9 hours ago, Gyro25 said:

If he covers the medical costs I wonder if that would imply he is taking responsibility, which would open him up to a personal lawsuit. I think suing is the way to get the insurance carriers to cover the medical costs.

Whole situation sucks, I feel bad, but when I go to an event, while I'm there to have a good time I also am on the look out for things flying at me.

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I thought that too but I would still feel terrible. I would try to do something to make the situation better. I don't know what but I would figure something out. 

 

As a side note, I am not one for lawsuits. Unless there was gross negligence like Brooks turned 90° and hit the ball at someone, I wouldn't sue. 

I just think that if I was standing there, I took on the risk and it was most certainly an accident so I wouldn't sue. 

Not pertinent to the discussion but just my personal opinion.  

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You got to really feel for her. I mean to travel from Egypt for a once in a lifetime trip and have that happen is unthinkable and really sad. I feel for Koepka as well, has to bother you. I hope the whole thing works out without having a long drawn out court battle. I mean that has got to be up there in odds with getting struck by lightning to get hit in the eye like that. Truly sad. I wonder if the tour will add any new precautions this year to avoid this in the future.


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Another spectator hit at the Alfred Dunhill Links today at Kingsbarn by Tyrrell Hatton.
https://www.bbc.com/news/uk-scotland-45751456
 
Yeah I'd take a cracked noggin over the loss of an eyeball 11 times out of 10 though.

Either way that's rough

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A few years back I hit a wayward drive into the next fairway.  Just happened a cart was driving through that spot and I nailed it.  the ball bounced somewhere, never was able to find it.  I thought my heart stopped when I saw the ball shooting at the cart, and as much as I wanted to yell FORE, I found I had no voice.  Was scary.  I cant imagine what BK felt then, or now. I also was sitting next to a gentlemen at the Memorial last year, and out of nowhere a ball slammed him in the side of the head.  The tee on 13 cannot be seen from the tee on 12 where we were. Thankfully he was OK and even joked about it.  Point is, miscues happen, and for that one a tournament or more, adding technology, or more people watching may, or may not prevent it.  As you can see I have no answer other than be aware of your surroundings, including what is above you.

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There was a hole at my last course that ran alongside a busy road, the fairway pointed slightly away from the road so no worries, but one day I hit a big push fade and it was heading right for the oncoming traffic, my heart sank, I froze with fear of what was about to happen, I had instant images of a ball crashing thru a windscreen, the car spinning into other cars and a vehicle carnage multiple pile up! Worst 10 seconds of my golf life!!

Fortunately it missed every car, bounced over 2 then onto the field beside it. From then on I hit iron off that tee, but it still gives me the 2am cold sweats sometimes.

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Lawyers, judges and arbitrators will work through the legal issues and either follow or establish precedence. My take on the subject is this..... when you attend a golf tournament you assume the risk of getting hit by a wayward ball. Still the PGA has the responsibility to mitigate risk by implementing safety control measures and to keep its patrons fully informed of the remaining hazards. If no control measures are in place and no warnings have been issued then the PGA may in fact be liable.

 

FYI...... I’m not a lawyer but I did play one in a high school play many many years ago ;)

 

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There are some pretty easy steps the tour could take to make attending a tourney less risky for patrons.  

I remember Phil Michelson talking about hitting spectators.  His attitude was they should know not to stand along the fairway where most of the golfers would be hitting their drives.  The tour could help that by moving the ropes in the landing area farther from the fairway.  Or, they could create "no standing" areas in the landing zone--similar to the paths they have across fairways.  The spectators could only cross the area when no one is on the tee.  

 

When I watch tourneys on TV, it looks like the spectators are the same distance from the green, regardless of the type of shot hit into the green.  I think the ropes could be farther back from the green on drivable par 4s, reachable par 5s, or long par 4s--and green where the players are hitting long clubs into the green instead of wedges or short irons.

 

Regardless of the legal liability, it's not good for golf tournaments when spectators are getting hit.  It will never be possible to eliminate all wayward shots, but some simple steps could lessen the most likely incidents.    

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  • 2 weeks later...
On 10/2/2018 at 6:15 AM, perseveringgolfer said:

If I was Brooks her medical bills would be taken care of, regardless of disclaimers. Sometimes it's not about the fine print, it's about doing whats right.

If he does that personally, he may legally be assuming responsibility for her and everyone else that steps on a course where he is playing. Sounds great and would be nice, but what are the legal ramifications of doing this?

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