Pedestrian "blinded" by errant disc golf shot

[Dave Jackson]

It's not new issue in this situation.

There's article couple years ago about a women with a huge right black eye. There's photo of it. I'm not going to search for the article's link (maybe its in DGCR?).

Anyway, what happen is that this woman was watching her son's football practice (or soccer?) while standing in the middle of the fairway across the walking path so she can use her cigarette to smoke.

The DGers were standing at the tees yelling at her "FORE!! MADAM!! FORE!!". She did saw them and ignore them and continue to smoke her cigarette. The DGers continued trying to get her to move off the "clearly marked" fairway (there's warning signs of DG in the area) but she didn't move at all. She just ignore them.

So, the DGers finally gave up and went ahead to make their shots. "FORE!!!!!!"

WHAM!! Right to the right eye of hers. She got knocked down.

She tried to sue the DGers and the town but she lost the case due to having warning signs in place and she already acknowledged the DGer's warning before she got hit. "I didn't expect them to throw that far and it did hit me!!"

Oh please....

So the moral of the story is.........?
Two adults couldn't figure out a situation in life and someone had to suffer at it's outcome.
That stinks.


Some people learn the hard way that its a dangerous crazy world we live in and to heed to the warnings.

[Andrew McManus]

Jeff, There are ethical guidelines and judicial decisions on the topic, as well as my employers policies. The issue is not creating anything resembling an attorney client relationship by virtue of posting on legal matters. Maybe Andrew can explain, being that he is an expert on legal matters.

Never said I was an expert Tim, but thanks for the compliment. I don't disagree that seeking legal counsel advice is a good idea; however, I have some faith that common folk can interpret and dare I say, adhere, to legal statutes, especially, if the language put forth is straightforward and easy to understand. Too bad you decided to delete your PM to me, guess a simpleton like me just isn't worth a person of your intellect's time...or maybe it just wasn't allowable under your employer's policy.

[Jay Melllo]

Massachusetts Recreational Liability Statute:

https://malegislature.gov/Laws/GeneralL ... Section17c

When you start diving into it there are a lot of potential gray areas (like virtually every legal issue), but essentially a land owner does not charge for use of a propety, the owner owes no care of duty to a user, unless the land owner has practiced malicious conduct.

This law can be interrupted such that if a landowner has knowledge of a potentially dangerous condition and they elect not to warn a user, they can be found liable. However at that point the land owner is acknowledging a potential dangerous situation, so it can be best to essentially play dumb. Gets complicated quick.

Moral of the story, talk to an attorney. If its a public course the municipality should have counsel on retainer that can provide better light on the situation. No cost to the course and everyone's rear is covered best. Should be a pretty quick discussion. It's not worth potentially opening up the municipality (and potentially yourself) to liability.

[Tim Carter]

Andrew, I deleted my pm because I decided not to further extend the pssing contest and the pm was not really productive. I certainly do not think you are a simpleton, I just don't think you are in a position to provide legal advice on this and wanted to make sure that anyone reading your interpretation of the statute would know that they should talk to someone trained and experienced in this area. Of course you are entitled to your own interpretation. Putting your interpretation out there for others to potentially rely on, when you don't really know what you are talking about, that's what I object to.

[Bob Johnson]

Here is a link to a website where the people are pushing back having a DGC built in the park. They are siting safety as the major concern.

http://savemclarenpark.org/SMP4_dgsafety.html

[Steven Dakai]

Anyone still think what we say here stays here?

[will plein]

[Andrew McManus]

Anyone still think what we say here stays here?

Reading some of the highlighted quotes from the DG Scene discussion forum thread (discs hitting animals) under that link was rather unnerving to say the least. Opposition groups can use any means necessary to make disc golfers look totally evil and belligerent and mar the sport's image. Of course, they pick and choose the real "gems" when it comes to combing the forums for juicy quotes to further their agenda. I guess the moral of the story is to be mindful of what you post on a publicly view- able discussion forum...you never know where it's going to end up and for what purpose. Not trying to be big brother, but this is an eye opener for sure.

[Daniel Mack]

WOW. I just read this and the crazy thing is I went to Hermosa beach for vacation about 7 years ago and took a cab to play a solo round at this park! It's in Manhattan Beach which is 1 town over from where I was in Hermosa beach.

As soon as I showed up and saw the course I was mad that I wasted the time and effort getting there. It's a TERRIBLE setup and is not reflective of typical disc golf courses in general. I can't imagine who would give the go ahead to build this course. From what I recall; ALL of the holes are like 200' or less. It's in a middle of a hugely active park with baskets right on top of picnic areas, a kids swim park and fields where people sunbath and bring the family, especially young children. I mean it's like SMACK DAB in the middle of it all. If you've ever been to the Boston Common park area in the city, image someone just putting a disc golf course right there.

IMO after personally playing there I think that course SHOULD be removed from that park and relocated somewhere else because I can't image a day in the Summer going by without someone getting hit by a disc. The more accidents that happen, the worse it is for the reputation and perception of the game we all enjoy and it's unfortunate because it's really not necessary.

[Jeff Wiechowski]

Interesting discussion started on DGCR........ sounds like Innova may be getting involved in the course safety aspect.

http://www.dgcoursereview.com/forums/sh ... ost2401639

[Titan_Bariloni]

interesting^

[Jeff Wiechowski]

DisCap just took delivery on 9 Discatchers and there was no mention of Innova sending someone out to approve the safety of the course we're installing.

[Bobby Direnzo]

I am not permitted to give legal advice on this page.

Why not?

Because he wants your money and I don't blame him.

[Jeff Prendergast]

I'm trying to make some sense of this. I really am.

[Andrew McManus]

I am not permitted to give legal advice on this page.

What about other pages, that cool?

[Tim Carter]

Awwww you guys miss me huh?

Nope no legal advice on other pages either

Just the usual troll trolling trollage.

Btw there are beware of disc warning signs all over Florida courses. Just sayin.

[Tim Smith]

I wonder what ball golf courses do? I've seen a few people hit by wayward shots. Is it play at your own risk?
It is sad that people tend to sue when they are not paying attention to what going on around them and then place the blame on someone else.

[Jeff Wiechowski]

I wonder what ball golf courses do? I've seen a few people hit by wayward shots. Is it play at your own risk?
It is sad that people tend to sue when they are not paying attention to what going on around them and then place the blame on someone else.

Normally it's other ball gofers that are hit. When you pay at the gate you agree that you COULD be hit by a ball.

I knew a guy back in Michigan that had his window broke by a ball as he was driving by a course and he got a windshield replaced by the country club.