Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can you sue if you are hit by a golf ball in New York?
Yes, but the outcome depends on the circumstances. New York applies the doctrine of primary assumption of risk, which limits claims for inherent risks of golf—such as being struck by a ball on the course. However, if the golfer acted recklessly, failed to warn, or course conditions were negligently maintained, a viable personal injury lawsuit may still proceed.
Who can be held liable after a golf ball injury in NY?
Potential defendants include the golfer who hit the ball, the golf course or club owner, and in some cases a golf cart manufacturer if equipment failure contributed to the accident. Premises liability claims against the course require showing the owner knew or should have known of a dangerous condition and failed to correct it.
How long do I have to file a golf ball injury lawsuit in New York?
New York’s statute of limitations for personal injury is three years from the date of injury under CPLR §214. If the injured person is a minor, the clock may be tolled until they turn 18. Missing this deadline typically bars recovery, so consulting an attorney promptly is essential.
What evidence should I gather after being struck by a golf ball?
Document everything immediately: photograph your injuries and the scene, identify any witnesses and collect their contact information, report the incident to the golf course and request a written incident report, and seek medical treatment right away. Preserving surveillance footage, scorecards, and tee-time records can also be critical to establishing negligence.