The New York State Court of Appeals ruled today that a golfer was not legally responsible for injuring another golfer, even though he failed to shout “fore” before striking him with an errant shot.
Dr. Azad Anand had sued his playing partner, Dr. Anoop Kapoor, after an unexpected blow from one of Kapoor’s shots left him blind in one eye. Anand is a surgeon and was no longer able to work after the injury.
The court ruled that “being hit without warning by a ‘shanked’ shot while one searches for one’s own ball reflects a commonly appreciated risk of golf” and Anand accepted that risk when he stepped on the links.
Yelling “fore” would have been nice, but failure to do so does not constitute “intentional or reckless conduct.” Kapoor says he did yell out, but neither of his playing partners heard him.
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