Professional and amateur golfers alike enjoy practicing their swing at driving ranges. While hitting golf balls might seem totally harmless, injuries have been known to occur. You might be able to sue the driving range for your injuries, depending on how they occurred. Whether or not you signed a waiver might also complicate matters. It is best to speak to an attorney about your legal options as soon as possible.
Many injuries at driving ranges involve people being hit with golf balls and clubs. In other cases, patrons might fall from an upper deck of the driving range. The driving range should be held responsible if certain unsafe conditions on the premises caused your accident and injuries. If you signed a waiver, have it checked out by your lawyer. Waivers do not always shield businesses from all liability, and some waivers are not enforceable.
If you were injured at a driving range, call our personal injury lawyers at (718) 841-0083 and get a free, private case review from our team at The Carrion Law Firm.
Filing a Lawsuit After Being Injured at a Driving Range
For those unfamiliar with golf, a driving range is where golfers and golfing enthusiasts can go to practice their game. A driving range is often set up along a very long, open field where golfers at one end hit golf balls to their hearts’ content. Many driving ranges have multiple levels, with golfers on the ground level and upper deck areas all practicing their golf swings.
Typically, driving ranges are set up so that golfers remain safe. Patrons are not supposed to enter the field where everyone hits their golf balls. Otherwise, they might be hit and badly hurt. Patrons are also all practicing from the same side of the field, so there should be no risk of incoming golf balls. Even still, injuries and accidents have been known to happen. Depending on how these accidents occur, the driving range may be sued and held liable for damages.
For example, if you were injured because of unsafe or hazardous conditions on the premises of the driving range, the facility itself might be legally responsible. However, if you were injured because of your own or another golfer’s clumsiness, it might be harder to hold the driving range liable for damages.
It is best to contact a lawyer about your accident as soon as possible. The statute of limitations in your state might only give you a few short years to file your claims in court. The sooner you speak with an attorney, the more time you have to prepare your case.
How Injuries Might Happen at a Driving Range
Injuries at the driving range tend to be golf-related, but they might also stem from unsafe conditions on the property. Explain your accident to your lawyer so they can help you determine who should be held responsible and how to find evidence to back up your claims.
Many injuries are from being struck by golf balls or clubs. As you can imagine, golf balls are almost constantly in the air at a driving range, and they are usually traveling at a very high rate of speed. While a golf ball might seem small and harmless, they are very dense and hard, making them extremely dangerous projectiles. If another patron hits a golf ball in the wrong direction, they might strike an unknowing victim. A head injury in a case like this could be quite severe and require immediate medical care.
Many driving ranges have multiple decks where golfers can practice. Golfers might be situated on the ground level or on an upper deck. You might be golfing from a second- or third-floor deck when you fall off. These decks are usually open on the side facing the driving range with no wall or railing to prevent someone from falling. If something about the upper deck caused you to fall, you should consider suing the driving range.
Many other accidents might happen on a driving range. Perhaps you are hit by a golf club someone accidentally released on their backswing. Maybe you are struck by a speeding golf cart. Whatever happened, get to a hospital and call your attorney.
Can I Sue a Driving Range if I Signed a Waiver?
If you signed a waiver, take it to your attorney right away. There is a chance that the waiver does not cover your accident or is written in a way that makes it invalid and unenforceable. If the waiver is unenforceable, the driving range is not shielded from liability. What makes a waiver legally binding and enforceable, anyway?
First, the waiver must be signed knowingly and willingly by the driving range customer. If the waiver or portions of the waiver are hidden in fine print or otherwise undisclosed to the customer, it might be unenforceable. If you did not fully realize you were signing a waiver or that you were waiving certain legal rights to sue, discuss the issue with your lawyer.
Second, a waiver’s terms and conditions must be clear and direct. Whatever rights you are waiving and whatever legal implications there are must be loud and clear. Unclear, vague, or intentionally confusing language that leaves the waiver open to interpretation does not make for a binding agreement. When terms are vague, the business behind the waiver can twist them to fit their needs to the detriment of the customer.
Third, waivers may be voidable if signed by a minor without a parent or legal guardian. If you were under 18 when you were injured at a driving range, a waiver might not be binding if your parents did not also sign or otherwise authorize you to sign the waiver. When a waiver is voidable, it may be enforced, but it can also be canceled by one or both of the parties.
Contact Our Personal Injury Attorneys About Suing a Driving Range
If you were injured at a driving range, call our New York personal injury lawyers at (718) 841-0083 and get a free, private case review from our team at The Carrion Law Firm.